property attachment
Querist :
Anonymous
(Querist) 27 July 2011
This query is : Resolved
Wife has filed attachment petition under Order 7 Rule 1 CPC.
I have two assets. No children.
I am ready to give her one asset. But wife wants to grab two assets. Till now she has no stay order or restrain order from any court.
Dear experts kindly help me how can I save one asset for my food in future.
1) Can I gift one asset to my mother? is there a possibility to wife to take it back?
2) Or Can I sell it to third party? is there a possibility to wife to send notice to the third party to pull him in to the case?
3) Or can I mortgage to some one and register the mortgage document in register office? is it possible to wife to take it back? Can I mortgage when the property is subject matter of a case?
Thanks in advance.
R.Ramachandran
(Expert) 27 July 2011
Straight away do not come to Attachment case.
Tell some more facts. Whether your marriage still subsists. Or why did your wife go in for attachment petition? Is there any other court order towards maintenance etc. Without giving these details, straight away asking this question will not fetch you any appropriate answers.
Querist :
Anonymous
(Querist) 27 July 2011
Yes. wife filed 125 crpc first. During pendency of 125 crpc, she filed another maintenance case under order 7 rule 1 cpc and fraudulently informed the court that I evaded.
So simultaneously both civil and 125 crpc were running.
I appeared and informed the court to dismis the civil case. But court did not. In the meantime 125 crpc order passed in her favour.
Now still the civil case is running. she filed attahcment before judgement.
In 125 crpc I have time to pay the arrears.
