Attachment of property of husband
RAJAGOPALAN NAIR
(Querist) 13 April 2014
This query is : Resolved
Dear Sirs,
Have to file a Petition before the Family Court in Mumbai for (i) Restitution of Conjugal Rights (ii) Maintenance for Wife and unmarried daughter (iii) Attachment of property of husband from selling, transferring, alienating, creating third party interest etc. (iv) Transfer of half of the property in the wife name, against the Husband who deserted the wife for the last 10 years and living with another women.
Following are my doubts:
1. Wife is living in Mumbai. Husband is working in Gulf but when he comes to India, he stays with his paramour who. stays in Kerala. Husband does not contact the wife or give her or her daughter any financial assistance. Husband is having properties in Kanyakumari Dist., Tamil Nadu. There is reasonable apprehension that husband will sell property which is solely in his name only. My question is:
i) Can the Wife pray to the Family Court to issue an order for attachment of properties? Or
ii) Can the wife pray to the Family Court for an injunction restraining the husband from selling, alienating or creating 3rd party interest etc. ?
iii) Can the Wife ask for 50% of the property to be transferred in her name?
iv) What is the difference between attachment and injunction in respect of property in the given context.
Thanks & Regards.
ajay sethi
(Expert) 13 April 2014
wife cannot ask for 50%property to be transferred in her name if husband is sole owner of said property . she can file DV case . claim right to stay in matrimonial home or alternative accomodation .
she can obtain injunction restraining husband from creating third party rights in said property.
if husband has deserted his wife for 10 years why file for RCR . she should file for divorce on grounds of desertion , mental cruelty . she can seek maintenace from her husband and other reliefs .
contact local lawyer in Mumbai .
Devajyoti Barman
(Expert) 13 April 2014
You can not pray for a single relief as stated in your query in the family court.
However you can do so in a case under PWDV Act.
RAJAGOPALAN NAIR
(Querist) 13 April 2014
Thank you all for your valuable reply. I read somewhere that under the Marriage Law (Amendment) Bill 2010, wife is entitled to 50% of the property of Husband.
R.K Nanda
(Expert) 13 April 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 13 April 2014
Well advised by the experts, agree to it.
Guest
(Expert) 13 April 2014
Well advised.
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
There is no law as of now entitling the wife with 50% share in her husband's self acquired property, the wife can file maintenance and right to residence case against her husband.
Devajyoti Barman
(Expert) 13 April 2014
Consult a lawyer first. if you go alone then you are likely to commit mistakes like this one.
