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Gayatri Kumari (Housewife)     16 January 2022

Husband sold the property on which court imposed stay under dv act

Under DV act, court imposed stayin  2017 to sell property which was in my father in law name, who died in 2015 and husband and his siblings got right through will of his father.  In 2021 my husband sold it. Now he is saying that : 1.me or my kids don't have right on that property, 2. There is no such stay on the said property, There is house different house no. in court order, which I checked and found that there is a typographical mistake. 2819 typed instead of 2818. But the order was a response of my application in which I typed correctly 2818. How he can take advantage of typing mistake by court typist? Now I want that sale deed may be cancelled. Kindly tell me section of this.....



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 2 Replies

Megha   17 January 2022

Hi,

Firstly, your husband's contention that you and your children do not have any right over the house in absolutely unfounded and unacceptable.  Your child has a right to the house (being ancestral property) from the time of birth as per the provisions of the Indian Succession Law, 1956.  Attempts to evict you from the house will tantamount to domestic violence.   

Secondly, disposing off the property against the stay order of the court amounts to civil contempt of court which maybe punishable with simple imprisonment for a term which can be extended up to six months or fine which can be extended to INR 2,000 or with both as per section 12 of the The Contempt of Court Act, 1971.

With regards to the typograhical error in the judgment, attention needs to be drawn to a recent ruling by the Tripura High Court in the case of Soma Debbarma v. State of Tripura [W.P(C) No.273/2020] wherein it was held that a mistake, if sufficiently clarified, cannot be used as the basis for a court ruling.

Best regards,
Megha

Gayatri Kumari (Housewife)     20 January 2022

Sorry,In the above case, even I typed wrong house no but in his reply in 2017, husband was clearly talking about correct house no. that he is owner of 1/5 share in property (correct). The stay clearly mentioned the 1/5share stay, however with wrong number as mentioned by me by mistake. I mean, the stay was on husband's 1/5 share. He has 1/5th share in only one house only ...not in wrong house no!! 


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