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Harvinder Singh (Business)     06 December 2011

Father law property property sealing under crpc 125

Is it possible for a wife to cliam Father in laws property under sec Crpc 125 ? My wife has filed a petition in court requesting to seal my father's property which is self acquired by my father and pay her in the form of maintenance. Is court going to award her maintenance in the form of my father's property ? Does she have a right on my fathers property ? I don't even live with my parents but since i don't have much in my bank account and neither i have any property she wants to harass my parents by doing this. If this house is auctioned my parents will be on road they don't have any place to live if this place is auctioned. In this case who has to file counter case my father or is it going to be me ? Which section should we file ?



 9 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

No, she can not. All claims has to be from husband only.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

anil kumar (service)     06 December 2011

Mr. Shonee Kapoor is right and I fully endorse his views. The Right to seek maintenance would be from the income of the husband alone and not from the assets of in-laws or any other relative of the spouse/wife. Please go through the attached case decided by the Delhi HIgh Court which would clarify the position and would help you in defending such a claim against attachment of property of your parent(s).  


Attached File : 7623 231661 13 property of parents in law not liable for maintenance.pdf downloaded: 321 times
1 Like

anil kumar (service)     06 December 2011

The attached judgement is of supreme court and not delhi high court. Pl. read it correctly my previous post.

1 Like

Legal Fighter (Advocate)     06 December 2011

no, in no way, she can claim or get attached the property of father-in-law.

1 Like

Sanjeev (Lawyer)     06 December 2011

She would not get anything from your fathers property. This claim is a desperation move to harass you and your parents.

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 December 2011

very good effort by Anil kumar, pl keep it up. It will help many others.

1 Like

Dr J C Vashista (Lawyer)     06 December 2011

Wife can claim from the property of husband and not from father-in-law or mother-in-law or any one else. It is just harassment tactics, no court can allow such frivolous application

1 Like

Harvinder Singh (Business)     07 December 2011

Thousand times thanks to whoever replied my query.

o sivasailanathan (advocate)     10 January 2012

for a wife husband alone responsible .. dont worry....

if she got means then she will not ask for maintenance


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