cpc

Property attachment - civil suit

This query is : Resolved 
 

(Querist)
25 August 2015

Initially wife filed 125 crpc. During pendency of 125 crpc she filed another maintenance case under order 7 rule 1 cpc (suit for maintenance) Her prayer is:

1) Directing the defendant to pay sum of monthly maintenance of rs.20,000
2) To create CHARGE over the schedule property for recovery of monthly maintenance.

Court ordered to pay rs.4000 monthly in 125 crpc case. I asked my wife to give her bank SB account number and details. So far she DID NOT GIVE those details. So I could not pay her montly maintenance through BANK.

During pendency of suit for maintenance, I mortgaged my properties to individual person and got loan. I could not pay the loan with interest, So I had to sell the properties to the MORTGAGEE( third person). I am ready to pay her monthly maintenance. Suit for maintenance case is in evidence stage:

My question is:
1) Even if I had sold my properties, will the court pass order to attach the properties? (no properties in my name. There was no injunction or stay order when I sold the properties)

2) What will court do if I could not pay the maintenance amount?

Thanks in advance dear experts.


Jayashree Hariharan (Expert)
25 August 2015

Whether you have property or not does not concern the court. It is only concerned in the payment of maintenance to the spouse (husband or wife).

If you do not pay maintenace there is possibility of arrest warrant being issued.

Dr J C Vashista (Expert)
26 August 2015

@ Admin LCI,
We have decided to abstain from replying the queries raised on this platform as many non-legal members account have been opened which is against the rules and ethics.
Kindly look into the serious objection raised by experts with respect to the account/ membership of non-legal persons on this platform.
Dr. (Maj) J C Vashista,
Advocate

Anirudh (Expert)
26 August 2015

Dear Dr. Vashista,

It is not clear what you want to say.

In the above two posts only the Querist is an Accountant and therefore appear to be not a legal person.

Do you mean to say that the Querist should be a legal person to put a query in LCI?

Rajendra K Goyal (Expert)
26 August 2015

Property has been sold, it can not be attached now.

In case of default of payment of maintenance, you can be arrested.



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