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Dharshan (Advocate)     16 July 2020

Injunction order for my house from wife.

Hello Sir/Madam.

Wife has given complete package 498a,DV,Restitutional congugal  rights. to me which i am facing .

Also she filed a orginial suit on my residential house (vacant since 4 years till now & property registerd was in my name i am paying loan )  in Civil court in 2016 - seeking injunction order saying not to sell the property. But it was dismissed in 2017 during evidence stage where she did not appreared..

When OS case got dismissed i trasfered my property to my father through gift deed. After trasfering the property she again filed case in family court  seekiing for residential and not to sell (all statement were  false in her suit) now againcase in evidence stage.

Since 5 years i am paying loan and its vacant she is using my property. how to get back my property. now property is on my father name.

kindly advice what i need to do - i have applied for divorce also .

 

regards 

Galli 

 



Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     16 July 2020

Hello,

I suggest you to go for mutual consent divorce by offering her one time settlement amount.

Dharshan (Advocate)     16 July 2020

Sir i am ready to fight, mutual consent divorce she is not agreeing also every word and sentence in her case are false.

But now i need my property kindly suggest can my father apply for injuction order for restaining.

Dibyakanti Modak   24 July 2020

it's your Father who is the owner now. selling, gifting totally depends upon your father. your wife can not ask the court to order injunction to sell the property as it's against the article 21A of Indian Constitution. apply proper writs to quash her petition.
your wife can file petition on her owned property only, not against your or your father's property.

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