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Samaritan1987 (My Own Occupation)     25 November 2022

Wife filed " code of civil procedure - under section 26 "

I have married for 3 years and lived in USA during that period and had a baby girl as well, in 2021 february me and my wife and 2 year old kid came together to India, my wife stayed with me at my parents home for a month and asked me to drop to their parents home to attend an event, there after their parents and relatives brainwashed her and called me and my father for panchayat / discussion and it ended in arguments between me and my father-in-law and there after we are living separately, later i learned that my in-laws trying to sending my wife to USA without my knowledge, then i have complained to police and they gave counseling and gave me a complaint receipt as well, however no use, i waited for 15 months in inida and then went back to USA in 2022 april, now in November 2022 my wife send legal suit under " code of civil procedure - under section 26 " asking for partitioning my whole family properties and asking half of the share from my share. 

is it a valid request/pray for demanding partition of family property. The court has issued an interim order now for not to sale/transfer and issued summons to all 4 of the family members.


 4 Replies

Digbijoy Mukherjee   25 November 2022

digbijoy here

SHIRISH PAWAR, 7738990900 (Advocate)     25 November 2022


Legal suit under " code of civil procedure - under section 26 " is confusing.

However, as per the query case is already filed and the interim order is passed. So now you have to fight out the case in court. 
I think that the court might have passed the order under the Domestic Violence Act. 

Alpa Jogi (Advocate) (Lawyer / Advocate)     01 December 2022

Query is confusing. Please inform correctly about the case filled.



Alpa Jogi (Advocate)

Consult Advocate Online


Samaritan1987 (My Own Occupation)     01 December 2022

She filed CODE OF CIVIL PROCEDURE U/S 26 in Jr Civil Sessions Court for share from my family property. She has been abandoned the marital life since last 18 months and refusing to join with me to lead the marital life, now sent above civil petition through the court, all my family properties were on parents name except a plot, which is registered on my name, the court has given injunction order to refrain from transferring/sale , could you please enlight me the possible outcome and ways to defend the suit filed by her. She didn't mention that she need divorce or RCR or MC. She just pleaing for property share from my consolidated family members properties.

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