attachment of property iin section 9 of H.M ACT.

Guest (Querist) 09 October 2010 This query is : Resolved
my wife has filed case for Restitution of conjugal rights u/s 9 OF H.M.ACT, The next date is fixed for argument in NOV 2010. If the case goes in favour of my petitioner-wife (1) Can the court order for attachment of my (husband) property on same date i.e on the date of rcr order.
In fact I have made submissions in court that I have not deserted her and I am willing to maintain her live with her, presently i sm paying her interim maintenance every month. (2) Pl. guide me at which stage in RCR husband's property be attached to induce husband to obey court's order to live with his wife.

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Prakash Langalia (Expert) 09 October 2010
at present case is fixed for argument, after completion of argument hon.court will pass necessary order. if court pass decree for restitution of conjugal rights, petitioner has to file execution proceeding, and thereafter, if you do not obey the decree, then, court may order attachment of your property.

s.subramanian (Expert) 09 October 2010
Yes. That is the procedure prescribed by the law.

PALNITKAR V.V. (Expert) 09 October 2010
What Mr. Prakash says is quite right.But if you are willing to take the wife back for cohabitation why are you not taking her back immediately. why the case is going on?

M/s. Y-not legal services (Expert) 09 October 2010
Agree with mr.palnitkar.. If you ready to live with your wife mean at the time of counselling itself you may closed your petition.. Why stil its going.. But i not sure about attachment through section 9 petition.. I have to clarify it.

Uma parameswaran (Expert) 09 October 2010
If you disobey the court Order then attachment proceedure shall be taken by the Court.

Kirti Kar Tripathi (Expert) 15 October 2010
since order of the court under section 9HMA is not executable order. I doubt about any attachment can take place .

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