IPC 206 in maintenance case

Querist : Anonymous (Querist) 18 October 2010 This query is : Resolved
Husband is paying maintenance according to the order passed in crpc.125. Wife has filed revision.

So far, there is no attachment of property by wife.

Property is self-earned by husband. There is no contribution from wife.

In this situation if husband sells his house, Is it possible for wife to file a case u/s IPC.206 and IPC.207?

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Adv ramesh chheda (Expert) 19 October 2010
till the time husband is regularly making payment of his maint amount in that case there is no chance of application of sec 206 and 207. they can be applied only when the intention to dispose off the property was to defraud the creditors , here in the present case no such intention and therefore those sec cannt be invoked.
adv ramesh chheda- mumbai 9870112826

adv. rajeev ( rajoo ) (Expert) 19 October 2010
Nothing will happen if the self acquired property is sold by the husband.

Devajyoti Barman (Expert) 19 October 2010
File execution case against the husband so that he could be put behind the bars.

Querist : Anonymous (Querist) 19 October 2010
Dear Mr. Devajyoti Barman,

The question is asked by husband only. Can sell the house as I am jobless and need to invest to start a business.

Thanks in advance.

O. Mahalakshmi (Expert) 19 October 2010
As it is self acquired property and more over he is paying maintenance regularly there is no problem to sell his self acquired property.