Upgrad LLM

dv wife can claim father-in-law property

Kaatu Poochi&Co

I am confirmed 125 crpc not attached father-in-law property. After the 125 crpc judgement husband not paid any maintenance to him wife. Can attached father-in-law property for the claim damage. Here father-in-law is a R2.

 
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Lawyer

No, the property of FIL cannot be attached for satisfaction of execution petition in a maintenance award u/s 125 Cr PC


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instructor

No , The property of father in law will not attached for payments of maintenance towards your wife awarded u/s125 crpc .

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Kaatu Poochi&Co

Respected Sir,

1. What is the punishment of the unpaid maintenance after judgement? 

2. Husband not paid the maintenance If they claim attached for my father property? to recover money.

 
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Lawyer

Academic query.

 
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Kaatu Poochi&Co

Honorable Dr.J.C Vashista sir, One person informed me

 

1. If I not paid the maintenance (Not obey court order). I will go to Jail.

 

2. If I escaped the court will attached my father pension or attached my father property coz he is R2 Is this possible sir? So I asked this question Kindly clear my mind. Everybody confused me I already faced the court problem that same time our relations giving me lot of fear about the Law.

 
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Lawyer

You are misinformed.

Penson can never be attached

Engage a local lawyer.


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Kaatu Poochi&Co

Ok sir, I understood court can not attached my fathers pension. If possible attached my father self-acquired property, to recover arrears maintenance.
 
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Kaatu Poochi&Co

Oh sorry sir, Laxmi kant joshi sir already explain they not attached father in law self-acquired property. Thank you very much Dr.J.C. Vashista sir my doubt solved.

 
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Advocate

Neither your father's property nor any other property or your close relative will be attached in case of failure of maintenance.  What is your father doing as R2 in the maintenance case?,  Has she impleaded your father as R2?, if so what is the relief she is claiming against your father?


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