Banshilal Das (Executive) 29 April 2022

liabilities

Dear Sir,

Maintenance in DV Case @ Rs.8,000/- ordered in Oct'19.Paying the same but during the Covid-19 period I became jobless and there became total 9 month's arrears from time to time.My wife instead of filing execution order went to the District Court for revision of the maintenance amount.Court asked the the affidavit of Assets,,Liabilities ,Income and Expenditure. I have received a land measuring 700 Sq Ft as well as under construction house from my father in the last Month. For registration its estimated value shown below 10.00 Lac to avoid the PAN No. My sister did not know anything of such transfer.I have not updated the record in BLRO office and the whole property (0.8 Decimal,Where 2.5 Decimal =1 Cottah)still showing in the name of my father .

Should I mention the land as of mine in the declaration ???? I fear my wife will come with a claim when this house will be completed.

My Father also gifted me 5 Lac cash to complete the house.I have made a FD with that money which is being reflected in my bank statement.

I have another account with a FD for Rs.3.00 Lac.What if I transfer the amount to my father's account or to the building contractor's account and close the account to suppress the assets????

Please guide me .I am allowed 3 days to submit all these

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3 Replies

Shashi Dhara 29 April 2022

What is your advocate opinion ,follow him

Divya Vijayan 30 April 2022

Hello sir!

Your wife cannot claim legal share on the property that has been gifted to you. However, if it is her matrimonial house (where she lived after marriage) she can sought for residence right. Your father can gift property through a gift deed. If the property is his self-acquired, then no one else can claim on the same.

If the property is in your name, the wife cannot claim her right over the same. Indian law recognizes those as the owner in whose name the property is registered. In such cases, the wife can demand maintenance from the husband, under the law, but cannot stake a claim to the husband’s property. Although you are jobless at the moment, as long as you are able bodied, you are liable to pay maintenance to your wife under section 125 of CrPC until she is able to maintain herself or gets married again.

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Dr J C Vashista (Advocate) 01 May 2022

Maintenance u/s 20 (d) of Protection of Women from Domestic Violence Act, 2005 is different to filing of appeal before Sessions Court u/s 29 of the Act.

Statement of account of both the parties has to be filed and considered by the Magistrate before decision on the application u/s 20 of PWDV Act, which is stated to be already disposed with direction to respondent for payment of Rs. 8000/- per month. Accordingly appellate District Session Court will rely on the affidavit on record but not seek fresh affidavit of Income, expenses, assets and liabilities of the parties. .

The aggrieved person (your wife) has no right in the properties (both movable and immovable) owned by you, however, the court shall consider it to determine your financial and social status.