Property attachment in case of 125 crc recovery

Querist : Anonymous (Querist) 29 February 2020 This query is : Resolved
Hi
My friend is facing 125 crpc recovery proceedings. His father gave him money and bought a property in his name. During 125 crpc he has given it back to his father and mother by settlement deed because he could not return their money. My friend lost job 4 years back still court ordered maintenance to his working wife who is earning . Now he is not able to pay and ready to go to jail. But will his settlement deed be enough to safeguard parents house. Will there be other litigation on the house by opposite party. How can he safeguard the house? Should her parents gift this house to his sisters, will that work? What can be done now to avoid any further litigations. He want to avoid any property litigations.
Or selling this house be ok?

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Quick Summary

This discussion addresses concerns about property attachment during 125 CRPC recovery proceedings. A friend transferred property to his parents via a settlement deed after losing his job and being ordered to pay maintenance to his employed wife. The advice suggests challenging the maintenance order in a higher court as the primary solution, rather than focusing solely on property transfers. Transfers made before an attachment order are generally valid, but legal counsel is crucial to navigate potential litigation and protect the property.

Raj Kumar Makkad (Expert) 01 March 2020
It is very strange to know that the earning wife of your unemployed friend succeeded in getting the maintenance order . There seems some flaw in this statement. If it is true then better to challenge such order instead of caring for the property get transferred to his parents. Once the order of maintenance gets set aside by the upper court, the question of its recovery do not arise.

Raj Kumar Makkad (Expert) 01 March 2020
If your friend was owner to the said property on the day of the order, then he is required to care otherwise has nothing to worry, however, it seems that your friend failed to bring any evidence on the file of the court qua the employment of his wife sufficient to maintain her.

P. Venu (Expert) 02 March 2020
The facts posted suggest that your friend (or, is it you) is trying his level best to evade payment of maintenance, admittedly, ordered by the Court. There could be no relief unless a Higher Court set aside the Order.

Dr J C Vashista (Expert) 08 March 2020
Why you are perturbed for your friend, if it is a true story?
What is the opinion and advise of the lawyer engaged / paid by your friend ?
Prima facie it is a time pass topic for debate.

Raj Kumar Makkad (Expert) 08 March 2020
Your friend might be in close contact with his lawyer and itis good for him to trust his engaged lawyer.

T. Kalaiselvan, Advocate (Expert) 20 March 2020
If the court has passed an order of maintenance to the working woman despite proving before the court that she is employed and drawing a handsome salary, then an appeal can be preferred against the aggrieved judgment.
The transfer of his property before court has not passed any order for attachment of the same for security purpose, is absolutely valid and the new owners can defend their interests in case the wife is filing a suit agaisnt this transfer of property.

There is no need to be panicked about this transfer of property from him to his parents.

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