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Rishi kumar   05 September 2017

Attaching property for non payment of arrears of maintenance

Respected experts,

sorry for bringing up the same subject again.  In the DV case against me and my family, maintenance  is ordered. I could pay only two months' maintenance. Today we found a new judge. OP said arrears are pending. Judge said arrears will have to be paid as per order ( made by the old judge). Said I have brought one months' maintenance. So judge asked me to pay that and did not say anything further. OP lawyer has come armed with petitions ( green paper) and told the judge something about property attachment. OP lawyer also said she is giving evidence ( op has been evading evidence for quite some time). Judge asked these to be given on the next date. Our lawyer said it is because judge is new and may be he needs time to go thro the case sheets.

i don't own a single property under this sky. I had some bank balance which got wiped off during these litigation period. My mother owns a small building and my father owns a flat. The flat was purchased by my father's hard earned money about 30 years back and my mother purchased her property about 15 years ago. 

I know that she doesn't have any rights over my parents properties. My mother is respondent 3 and my father is respondent 2 in the DV case. 

So what was the OP talking about property attachment? 

Has she got any right to attach these properties since my parents are also resopondents in DV case?

can it be that they are trying to scare us? 

Or, isthe OP lawyer herself hoodwinking her clients to extract some more money?



Learning

 18 Replies

Siddharth Srivastava (Advocate)     05 September 2017

The properties of all defendants shall be liable to be attached.

Rishi kumar   05 September 2017

My lawyer clearly tells me that if I have properties, court can attach them. My parents properties can't be attached under any circumstance. Kindly clarify.

Sachin (N.A)     05 September 2017

Originally posted by : Rishi kumar
My lawyer clearly tells me that if I have properties, court can attach them. My parents properties can't be attached under any circumstance. Kindly clarify.

 

Your lawyer is correct. 

Court can order for attachment of your salary ( if any) or your movable and immovable property (if any) but not your family.

1 Like

Rishi kumar   06 September 2017

Thanks Sachin. Your replies   are always clear, crisp and to the point .

Rishi kumar   06 September 2017

Respected Ramesh Singh,

Here, in this forum, most of us are laymen trying to find out a way out of the mess we are in. If we can understand so clearly from law books, we would not have come asking questions here. My question was not about what the magistrate may or may not think to secure justice. All I was askingwas, what the  law says about the safety of my parents property. Talking about justice, that was the only thing missing when all these cases were filed against my family. So forget about justice, now, I am only interested in the safety of my family's property and the members. Kindly do not confuse the members, and answer only when you know for sure. Still I like your answer and thank you for the same.

Rishi kumar   06 September 2017

Respected Advocate Siddarth srivatasv,

As an advocate  are you sure that the properties of all defendants can be attached? If so, under what section? Can you give some citations?  Other eminent lawyers are invited to kindly join the discussion. Especially, the respected Radhika Mehtha. One question cannot have so many contradicting answers. I find here that many of the lawyers have a grouse against the members getting free guidance. Non lawyer members are more forthcoming.  I don't mean to say that all the lawyers are like this. Some of them are, for sure. Many non lawyer members are honestly answering questions based on their experience in fighting the cases.

Adv Radhika Mehta (Advocate)     06 September 2017

Hi Rishi.  I had seen your query but was not sure so had not commented on the same. Attachment of property can be done but from what i understand it should only be of your property.  It is your duty to maintain your wife, not your parents'.  They are party to the DV proceedings because it must be your wife's case that they have ill-treated her etc.  So in my opinion, it should only be your properties which can be attached. However, i would like to advise you to use the time till the next hearing to clear your arrears so that the question of attaching property does not arise :) 

1 Like

Rishi kumar   06 September 2017

Yes Radhika Mehtha,

I will definitely clear the dues. Already, I have started paying. Want to delay a little also. So no problem. Thanks a lot.

1 Like

Siddharth Srivastava (Advocate)     06 September 2017

Mr. Rishi Kumar, first of all it is to clarify that here we lawyers are not supposed to be questioned by people like you regarding our knowledge in law or in respect of our reply given by us on this platform. You have no right to raise finger in the manner as you did and further not to be sarcastic. Do not take the impression that we shall act in accordance with your whims or choice. If you are under any misconception then correct yourself. If you are not satisfied with the reply of a lawyer then consult to any advocate of your choice and also have the capability to pay him also. This platform is meant to provide free legal services to people at large but no body like you should be allowed to misuse this platform and to be sarcastic towards lawyers of this platform. Who has given you such authority? We lawyers are not required to prove our knowledge to every people. I wish that you shall mend your ways and would avoid any such unpleasant act. As per law the Oder passed under section 23 DV act is to be passed against all defendants and if the order is not complied then the enforcement shall be against all respondents do if your father and mother are also party then the order shall be implemented against them also. The order shall be implemented by protection officer under section 9(h) DV Act a in terms of provision provided in Cr.PC. Under chapter Vl. Magistrate has power u/s. 23 read with 28 of DV Act read with Cr.PC. Particularly provided chapter VI.

Siddharth Srivastava (Advocate)     06 September 2017

Mr. Rishi Kumar, first of all it is to clarify that here we lawyers are not supposed to be questioned by people like you regarding our knowledge in law or in respect of our reply given by us on this platform. You have no right to raise finger in the manner as you did and further not to be sarcastic. Do not take the impression that we shall act in accordance with your whims or choice. If you are under any misconception then correct yourself. If you are not satisfied with the reply of a lawyer then consult to any advocate of your choice and also have the capability to pay him also. This platform is meant to provide free legal services to people at large but no body like you should be allowed to misuse this platform and to be sarcastic towards lawyers of this platform. Who has given you such authority? We lawyers are not required to prove our knowledge to every people. I wish that you shall mend your ways and would avoid any such unpleasant act. As per law the Oder passed under section 23 DV act is to be passed against all defendants and if the order is not complied then the enforcement shall be against all respondents do if your father and mother are also party then the order shall be implemented against them also. The order shall be implemented by protection officer under section 9(h) DV Act a in terms of provision provided in Cr.PC. Under chapter Vl. Magistrate has power u/s. 23 read with 28 of DV Act read with Cr.PC. Particularly provided chapter VI.

Sachin (N.A)     06 September 2017

When Husband is alive, Wife cannot claim maintenance from in-laws; Gujarat HC 

Here is complete judgement

https://drive.google.com/file/d/0BzXilfcxe7yuV3BBTmdIVFBxN2c/view

 

A woman cannot claim the right to residence in the houses owned by her in-laws under the Domestic Violence Act as she can seek maintenance only from her husband, sons and daughters, a Delhi court has said.

Read more:

https://www.dnaindia.com/india/report-woman-cannot-claim-right-to-residence-in-in-laws-house-delhi-court-1356180

 

New Delhi: A wife is entitled to seek maintenance only from her husband and is not liable to be maintained by her in-laws, a special court has said.

Special judge Anil Kumar made the observations in a domestic violence case while barring a married woman from entering her matrimonial house, noting that the property belonged to her mother-in-law who had disowned her son.

Read More:

https://www.ndtv.com/india-news/wife-entitled-for-maintenance-from-husband-not-in-laws-court-1472509

1 Like

Rishi kumar   07 September 2017

Dear Querists,

beware of the advise of advocates like Siddarth Stivatsav. Irrespective of the fact that he knows the law or not, he certainly thinks he is "THE LAW".if two answers you get are contradictory, it is ok as it is the opinion of two different people. But the said advocate contradicts his own points. The questions Mr. Vishal and I had asked are almost the same. But 5he answers are totally opposite. QKindly go through the thread under the  head THREAT FROM INLAWS - PART 2 .  And go through the answer this lawyer has given and he is admonishing me for pointing out his mistake. 

 

4 days ago    Sidharth Srivastav Advocate  Likes: 66 Points: 1395 Is the house is in your father's name or in joint name with you? As per law, daughter in law does not have any right in her in laws house and assets. If the house belongs and in name of your father then the same as does not belong to you is not liable for attachment. challenge the order in higher court. Court papers are required to be examined to render any advise. Sidharth 9811776422

Read more at: https://www.lawyersclubindia.com/forum/Threat-from-my-wife-and-inlaws-part-2-153510.asp

Siddharth Srivastava (Advocate)     07 September 2017

Mr. Rishi, it is not fair on your part to poke in the subject. It is better that you take both quarries and my advises to any advocate of your choice for second opinion. I am firm with my advises which are in accordance with the quaries. I am not concern of any opinion of any person like you. Now stop poking and making such unpleasant remarks at such public platform. Your interpretation is false, baseless. I again advise you to correct your ways and refrain from such activities. I wish that good sense shall prevail upon you.

Rishi kumar   07 September 2017

The members here do not cast any doubts about the answers they get. It is more so , if the answers come from an advocate. When your answers are contradictory you can gracefully acknowledge with a sorry. Being an advocate doesn't mean they should always be right. All of us can go wrong. That is human. Rather than trying to justify the mistakes or I would like to say ,oversight why is it that we are trying to be rude and belligerent?  Honestly , Mr. Srivatsan, I don't hold any grudge against you. I only mean to say that as laymen, we take your advise to the letter. That's all . It was never my intention to offend anyone.


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