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.
