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Vishal Gupta (lawyer)     14 August 2009

Wife crying for Help!

The husband is getting pension of rs. 10,000. but not paying any penny to his wife. now he wants to sell the house in which they are living. Wife wants to file a pauper suit as well as aplication 125 crpc. Whether injunction suit can be filed restraining the husband from alienating the house. They have two sons both are married. the husband under the influence of his elder son doing all this. suggest me some remedy.



 6 Replies

Kiran Kumar (Lawyer)     14 August 2009

Vishal Ji move under Domestic Violence Act

M.A.T.Ganesan (lawyer civil &family laws)     14 August 2009

She can file a suit for maintenance as an indegent  person(under Order 33 Rule 1 C.P.C) by creating charge on the house which her husband  tries to sell.

Dharmesh Manjeshwar (Advocate/Lawyer)     14 August 2009

Kiranji is right on target, Recourse under the Domestic Violence Act is better option.

Vishal Gupta (lawyer)     16 August 2009

ganesan ji thanks

RAJEEV (ceo)     18 August 2009

hello Vishal Gupta

I am not sure what u have done yet . Only one think i need to ask as yur post its seems both are senior citizen of india and all respect need to be given to them .

There are many other ways by which this issue can be sloved even by mutual discussion .what u will say of in front of one judge man say will not give single penny from my pension to her ( She can maintain herself & there are 100 of eg. where more qualification or well education are not given any maintaince under CRPC 125 )& this house is under my name and its my wish to sell it or broke it , destroy it, give it in charity or i will give to my son

The best option as far as i think off , instead of taken them to court . police station matter need to be resloved by other members .

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 August 2009

The right way is first try to resolve the matter amicably with the help of other family memebers and if not resolve then file a case under DVA act to live in the same house and for maintenance. U may also file a case under section 125 to get maintenance and court can also attach the said property for maintenance. Morever if you dont have money then you can go thorug the method guided by mr.ganeshan.

Your further clarification is welcome at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

PB. & HRY. HIGH COURT CHANDIGARH (INDIA)

With Regards


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