House under litigation by dvc
Amit
(Querist) 06 August 2013
This query is : Resolved
Hi,
My divorce case, filed by me, is going on. My wife in return filed several other cases, DVC one among them.
I have a house on my name, purchased long before marriage on my own and we (me and my wife) never lived in that house.
My wife got an ex-parte interim injunction against selling the house. Order was sent to me and the sub-registrar.
DVC case started and a residential order was passed asking me pay her rent. The original ex-parte order was set aside since it was never a "shared house" as envisioned under DVC.
My wife appealed against it and the sessions court is about to dismiss it (haven't got the order yet).
If my wife does not go to high court, I'd like to sell this house. How should I go about this?
(1) Do I need to get the order sent to sub-registrar that the original order has been revoked? How will the sub-registrar know that the order was revoked or should I simply sell the house and when questioned by sub-registrar, show him the order?
(2) If I sell the house, can my wife later claim that the house sold deliberately and claim financial compensation?
ajay sethi
(Expert) 06 August 2013
even if you sell the house your wife has right to stay in shared household . she can also demand alternative accommodation .
wait for session court to dismiss the appeal filed by your wife .dont be in hurry to sell the house .
in case dosent file an appeal then only decide about sale of the house . obtain certified copy of order passed by court . in case of any query show him the order
Amit
(Querist) 06 August 2013
Thanks Ajay.
My argument was that we never stayed there so it's not a shared household. Judge also gave order saying so and asked us to pay rent instead.
Yes, of course I need to wait till the appeal gets dismissed and wait till the appeal period ends. She might go to High court too.
Regarding my questions, so I just need to get the certified copy and show to the sub-registrar right?
Rajendra K Goyal
(Expert) 06 August 2013
Get the certified copy of the order when passed.
Raj Kumar Makkad
(Expert) 08 August 2013
You need to obtain the certified copy and then use it as required.
