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Ashish (student)     08 October 2010

Declaration, injuction on joint property with DV suit

I have across a case of lady as below:-

1. She was married in  Delhi in 2002 where she was residing with her parents. Husband  was staying  in the city of ghaziabad, at the time of marriage. Both decided to own their own flat after marrige in the city of ghaziabad only.  She contributed from her GPF account, savings bank account for making initial payment towards the flat, and for rest of money she took loan on herself and had paid monthly installment for 8 years..  Some part of money was also given from husband side.

2. in the year 2006 onwards there were regular disputes between husband and wife, in fact husband was forcing the lady to get more loans on her name, for the car, celebrating birthdays, jagrans, buying new sofas and all that. He was successful in piling  few loans on her by acts of threatening, abusing, scaring her of dire consequences. The lady could not withstand this mental agony, and harrasements from all side, mental, physical, emotional, financial. Got severe health problems all these years, and finally in the year 2008 she was diagnosed with very severe kidney problem. Her husband even did not pity on her condition and used to torture more on her condition, like not  following her to prescribed medical advises, not getting her medicines, used to keep her salary atm card and did not allow her to keep more thatn 100-200 rupess, and even forced her to keep going to office, othewise salary would be cut. Due to all these atrocities she was forced to leave her matrimonial home (joint property of her and her husband on the title deed) in end of  2009.

3. After recovering little bit from her illness, she is preparing herself to fight court battle. She has been advised to file a DV suit.  At present she is living in Delhi so she wants to file all cases from Delhi only.

---Is there any provision / relief to in DV act 2005 to get injuction on the joint property (ghaziabad) in the same DV suit which is to be filed from Delhi.

--- Would a declaration suit be needed to have their share in propery given by court, can the same be filed from delhi alongwith DV suit

-- Does DV suit provides  to also  bring in injuction to stop the malicious transfer/sale of this joint property by husband.  OR this injuction suit to be filed seprately

--- She does not want to file partition suit at present, since she is not capable of paying heavy stamp duty. She has hardly any money to get her ongoing treatments.

Thanks in advance to members participating in this discussion


 4 Replies

M. A. Khan (advocate)     08 October 2010

Under DV act lot of powers given to women.  She can seek injuction, can demand her share in the property, claim maintenance, right to entry in her metrimonial  home etc.

1 Like

Ashish (student)     09 October 2010

Thanks Shri M.A. Khan for your valuable analysis and inputs,  Could I follow from your post that she does not need to file any separate suit of declaration and injuction. It will be really helpful if you could kindly highlight the sections/sub-sections under DV act where she can ask for

1. Injunction to stop transfer the flat located in ghaziabad

2.  a equivalent status house from husband (in which husband is living at present), till something is decided about this flat in court

   (she does not want to join her husband, at least for time being, in an environment of threats, abusing, and assaults )

3. expenditure on medicines, travel to doctors and lab/investigations, hospitalization, rent  and other expenditures she is presently paying to make her living (ideally this should have been  borne by husband)

4. to meet her only child, which her husband has denied to her for last 10  months.

5. Last but not the least, the jurisdiction Delhi or Ghaziabad. (she is staying in Delhi for last 10 months, getting her treatment from a nearby hospital in delhi only)

bhupender sharma (head)     27 October 2010

But so far as demand inthe property is cocerned during the life time of her husband she can't claim. 

stanley (Freedom)     27 July 2012

If you are a working women and are getting sufficient HRA than you cant claim for a rental accomodation . As regards to the Child under DV act you can fight for custody and claim for maintanence of the child but as both are working both would have to contribute for the child .Read section 18 , 19 ,20 and 21 of the DV act . 

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