Attachment & Maintenance.
deepak sobti
(Querist) 28 July 2016
This query is : Resolved
Respected Members, hope & wish that you'll be in the best of health.
I have two quick ONEZ :
a). In a DV case the honorable mahila court had granted right to residence by my beloved 2 years ago, still she has not returned. There was a "STAY" put on that property & I was ordered not to DISPOSE IT OFF till the case reaches it's conclusion.
Now in an interim maintenance case, another honorable mahila court has ordered warrant of attachment for not paying the interim as my beloved had filed execution.
My query is : can one property which is already under a stay order by a court can be attached again in done other litigation ?
b). There has not been a fraction of proof against me, secondly my beloved is earning nearly 45k per month in her job, is more qualified than me, living apart due to her own volition, does not let me even speak with our child, filed three kidnapping complaints against me, no receipts of expenses attached till date.
Most importantly : all the maintenance required are absolute lies I filed perjury which the court also acknowledged & registered it as a fresh case. Not even a single guideline has been followed. Since 3 years I've been begging for just 5 min to speak & to produce the proofs of my innocence but to no avail.
Apart from appealing in the High Court, what can be done in both the scenarios ?
Appreciate your assistance & thanks in anticipation.
Good day.
Regards,
Deepak Sobti
91. 9958959697.
Devajyoti Barman
(Expert) 28 July 2016
1. There is no illegality in the order. The court has put restraint on you not to transfer the same. On the same proeprty another court can very well pass order of attachment.
2. If you have prima facie proof of income of your wife then challenge the rider of maintenance and attachment in higher court.
Rajendra K Goyal
(Expert) 28 July 2016
Agree with the expert Devajyoti Barman.
You may have to pay maintenance for your children.
R.K Nanda
(Expert) 28 July 2016
Nothing to add.
Kumar Doab
(Expert) 28 July 2016
Agree with the expert Mr. Devajyoti Barman.