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Rose   13 September 2019

How to handle interim property attachment of family court?

How to handle interim property attachment of Family court?

In April-90, I married & had a son in 93. In 93, I bought a very old 700sqft house, wife as buyer, named it after my Birthstar and repaired and extended it to 2550sqft in two floors with two municipal numbers. My parents, widowed sister & her daughter were living with us since 2003.   In 2012 I bought second house [2600sqft], 3km away, me as owner, and named it combining the names of my parents since they too shared the cost partly. We all started living there. Wife & son started quarrelling over naming. In 2015, I casually mentioned jokingly about giving one house to my sister’s daughter after our death. Quarrel became more & more serious. In Dec-2015, after 25 years of marriage, wife and son left second house and started living in first house. I did not object. No contact except son’s rare messages in this 3 & half years. Parents died last year.

On 6-Jun19’ wife filed false case at Judicial 1st class Magistrate on Domestic Volence 12[1] against me and sister praying for an order for no harassment & no attempt to vacate her from the house. I filed Reply petition, denying charges. On 13-Jun19’ she filed an OP on FamilyCourt Act Section-7 and an IA in family court asking for Rs. 80 lakh on [false] claims without asking Divorce or maintenance. Court granted Interim attachment order for Second house without hearing me and gave me showcause notice so that I am to attend and reply on 25-Sept19’.

Should I file Reply to showcause on 25-Sept [as one lawyer suggested] OR Should I do it after the counselling [as another suggested]?

I have proofs to crack most of her claims. Please comment on the possibilities of these cases.


 4 Replies

G.L.N. Prasad (Retired employee.)     14 September 2019

The problem is too complicated and you can not get precise guidance as many details are required.  Obtain copies of their residential proof like Voter card, Ration card and contact a local advocate for filing counter.  You can also file a case for filing a false case.  This is a long on going story disturbing peace of mind of both the spouses.  Get some family elders assembled and settle the issue amicably, and as your son is having rights on the property (as you told that' your parents also contributed, and if that income is not from their self acquired property, and not kept in your name).

1 Like

Rose   14 September 2019

Thanks indeed Prasad Sir. My lawyer already filled a counter at FCJ magistrate. I will talk to lawyer for filing case against the false case. I keep original deed of first house & second one. Would you please advise, should I file reply to Showcause on interim attachment in Family court, on or before first hearing on 25Sept as mentioned in the Showcause? My lawyer says I may do so later after counseling. (Maybe he wants to save me fee for the reply petition thinking that counseling may solve everything). Please advise, when is better, Sir?

P. Venu (Advocate)     14 September 2019

Please post simple facts.

Rose   07 October 2019

Since there was no helpful advice, I waited for the real-time development at court. Interim attachment generally lasts till the end of the case though we can challenge it. Better undergo the counseling and see if the other party is ready for a good compromise. If not, go ahead with the case effectively.

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