Procedure
kamal
(Querist) 01 August 2016
This query is : Resolved
My wife filed divorce petition in family court under section 13 1(i-a & i-b) of Hindu Marriage Act.She has filed an application u/s 25 of HMA for permanent alimony. I am owing a plot jointly with my brothers. I have sold my undivided share to one of my brother without proper payment entries.
Query:
Will court declare my sale as null & void in the same case. (u/s 25 of HMA)
Advocate Bhartesh goyal
(Expert) 02 August 2016
No,Family Court has no jurisdiction to declare null & void of sale transaction of your property.
Guest
(Expert) 02 August 2016
Rightly advised by Advocate Bhartesh Goyal.
kamal
(Querist) 02 August 2016
After Family court's order u/s 25 of HMA If my wife files appeal against it in high court
Can High court pass orders declaring such sale as nullified and give away rights to my wife.
Guest
(Expert) 02 August 2016
Mr. Kamal,
Now your latest question clearly indicates that yours is purely an academic query, not a real problem of yours.
However, if you really have any such problem, your question is quite premature. When your case is still in the family court, where does the question of HC comes? Assumptions have no place in law.
Moreover, experts are not astrolgers to predict what HC will decide when she takes the case in to HC.
kamal
(Querist) 02 August 2016
DHINGRA SIR, MY CASE IS PENDING BEFORE FARIDABAD COURT.
I AM WORRIED ABOUT THE AMOUNT OF ALIMONY
Guest
(Expert) 02 August 2016
Mr. Kamal,
From your post, it seems you are not worried about your present case under trial, rather seem to be worried about some hypothetical HC case assumed to be filed by your wife in future.
First try to concentrate on the present case. Ask for HC case if and when that happens to be filed against you. It is not necessary that assumed incidents would happen with certainty.
P. Venu 
(Expert) 02 August 2016
What do you mean by"without proper payment entries"?
Rajendra K Goyal
(Expert) 03 August 2016
Has your wife asked to attach the plot / declare the sale deed cancelled.
Full case file need to be referred, discuss with your lawyer.
kamal
(Querist) 03 August 2016
Wife is saying sale of a plot is an eye wash and declare the sale deed cancelled in section 25 of hma
Guest
(Expert) 03 August 2016
Even if she has said, "sale of a plot is an eye wash and declare the sale deed cancelled in section 25 of hma," that does not mean that verdict has been given by the judge against you. So, where does the question of a presumed case of HC is linked to that statement of your wife.
Let her prove that the sale deed is eyewash and wait for the outcome of the case u/s 25.
Shonee Kapoor
(Expert) 04 August 2016
If any civil court is satisfied that you have sold the property to avoid payment of alimony such a sale can be reversed and specially when you have no payments for the same.
The court can always order alimony out of the sales proceed, which would be assumed to be at circle rate atleast
Regards,
Shonee Kapoor
kamal
(Querist) 07 August 2016
A divorce petition was filed by my wife in the year 2013 which is pending. She has moved an application during april 2016 in the same case u/s 25 of HMA claiming alimony. In this application she has mentioned that I am owning a plot, actually I had sold my undivided share in the plot to my brother in 2012.
Query?
Can the court declare this sale as nullified
