grant of divorce decree while suit is pending

Querist : Anonymous (Querist) 03 December 2009 This query is : Resolved
when there a suit is still in process for recovery of open plot property, which has been bought by an NRI husband in the name of his wife in an Indian city, is sold by her without the knowledge of her husband and later obtained (while the suit is pending in a court in India) a decree of divorce from abroad. i would like you to suggest what are the effective legal measures to be taken against her.
does this come under contempt of court & also whether she loses her right to defend the case after taking divorce while the suit is pending in a court of law, if so
please quote relevant citations.Thanks

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adv. rajeev ( rajoo ) (Expert) 03 December 2009
against whom suit is pending it is not clarified by you.
When wife is the absolute owner of the property she can sell to any body it doesn't requires consent from the husband.
If there were any injunction order of not to alienat against the wife it could have been the contempt of court.

n.k.sarin (Expert) 03 December 2009
Property dispute and divorce is two different matters.If wife has a registered sale deed in her name, she can sell it without the permission from any body.After taking divorce ,there is no effect on her right to defend the case.

Raj Kumar Makkad (Expert) 03 December 2009
I do agree with Sarin sir.

mahesh kumar yadav (Expert) 03 December 2009
property dipute and divorce is two differnt matters, if there is suit pending on property related to your wife, she cannot sold the same (property) to others, and divorce is differnt.

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