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Kaatu Poochi (Kaatu Poochi&Co)     20 June 2014

DV Wife can claim father-in-law property

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.



 20 Replies

Dr J C Vashista (Lawyer)     20 June 2014

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

1 Like

laxmi kant joshi (instructor)     20 June 2014

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

Kaatu Poochi (Kaatu Poochi&Co)     20 June 2014

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.

Dr J C Vashista (Lawyer)     21 June 2014

Academic query.

Kaatu Poochi (Kaatu Poochi&Co)     21 June 2014

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.

Dr J C Vashista (Lawyer)     22 June 2014

You are misinformed.

Penson can never be attached

Engage a local lawyer.

1 Like

Kaatu Poochi (Kaatu Poochi&Co)     22 June 2014

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

Kaatu Poochi (Kaatu Poochi&Co)     22 June 2014

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.

T. Kalaiselvan, Advocate (Advocate)     23 June 2014

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?

1 Like

Kaatu Poochi (Kaatu Poochi&Co)     23 June 2014

Property, Attachment side ok Sir I am cleared. But wife can claim residence rights to her father-in-law property in DV Act.

Raghav Mishra (Lawyer)     24 June 2014

The daughter in law can't attach any property unless it is property of her / her husbands.

1 Like

Kaatu Poochi (Kaatu Poochi&Co)     24 June 2014

It's ok. In my DV case wife filed complaint claiming share of her father-in-law self acquired property?

Where I complaint against in this case?

Shall I complaint police officer's?

What is the IPC Sections? What is the remedy?

Dr J C Vashista (Lawyer)     24 June 2014

Seek advise from a local lawyer, you have sufficiently been adivsed by experts "out of charity"

1 Like

Kaatu Poochi (Kaatu Poochi&Co)     28 June 2014

Yes sir in this query my doubt solved.

I'm confirmed wife not have any property/living rights in her father-in-law, mother-in-law property.

Only she can claim from her husband. 


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