Property attachment
Querist :
Anonymous
(Querist) 15 November 2011
This query is : Resolved
Wife did not prove dowry harrassment allegations with evidence. But husband proved that wife is lieing with evidence. But still Court ordered husband to pay rs.6000 per month u/s 125 crpc. Husband has not paid till date. Wife filed attachment petition which is pending.
Dear Experts,
1) Will court pass attachment of property, When the wife did not prove her allegations against husband, and husband proved wife is lieing?
2) High court dismissed husband's petition and allowed wife's attachment petition. My other lawyer friends are saying that wife has right to attach property and it does not matter even if wife is lieing. Is it advisable to go for further appeal in high court itself?
3)Does court see the same point-of-view?
Thanks in advance
Devajyoti Barman
(Expert) 15 November 2011
1. In execution petition the court for default of payment can only send the husband to jail , not attach his properties. If it is interim order, then the court would not look for the proof of her allegations.
2. Is it section 125 crpc proceeding? Without seeing your case and the judgements in full it is difficult to comment.
3. You have the option of filing SLP to the supreme court.
Guest
(Expert) 15 November 2011
There is a difference between attachment of salary or monthly recurring income of husband for maintenance purpose of wife AND attachmenet of property for any purpose.
So, you need to be clear in your query about what type of case is there for attachment of property.
However, it seems the present order of attachment is of the nature of interim maintenance cost till the final judgment on the maintenance case is made.
So, please clear the position before the experts can give you some definite advice.
Rajeev Kumar
(Expert) 15 November 2011
I do agree with mr. Dhingra
ajay sethi
(Expert) 15 November 2011
when court has passed an order directing you to pay maintenance of rs 6,000 a month you have to comply with said order .
if you fail to comply with the order passed by court court can pass orders on application of wife for recovery of maintenance amount .
in case you are dissatisfied with order passed by court you can file an appeal .
Querist :
Anonymous
(Querist) 15 November 2011
Order passed to pay rs.6000 in 125 crpc case. Wife filed another civil suit (order 7 rule 1) asking court to attach property.
Husband went to High court. There also husband's petition dismissed.
Yes Dhingra Ji, it is interim maintenance cost till the final judgment on the maintenance case is made.
Guest
(Expert) 21 November 2011
Naturally, the case for attachment arose only from defiance of orders f the court. So, to avoid attachment, you may better assure the court that you are ready to pay the maintenance, comply with the orders of the court and start paying amount of interim maintenance till you can properly defend your case on maintenance.
