Create charge - maintenance
Ram
(Querist) 30 March 2015
This query is : Resolved
Dear honorable Experts,
Initially wife filed 125crpc. During pendence of 124crpc she filed another maintenance case under order 7 rule 1 cpc. (suit for maintenance) Her prayer is:
1) directing the defendant to pay a sum of monthly maintenance of rs.20,000
2) to create a charge over the schedule property for the recovery of monthly maintenance
court ordered to pay rs.4000 monthly in 125crpc. I have paid arrears of maintenance amount and made proper arrangement to pay her monthly maintenance rs.4000 on 7th of every month thru her bank SB account. So far I have been paying her maintenance amount in her bank SB account. suit for maintenance case is in evidence stage.
My question is:
1) After I paid arrears of monthly maintenance amount thru her bank account and have been paying her every month rs.4000, Will the court CREATE CHARGE over my properties at the end of suit?
2) I have sold all my three properties. Even after that Will the court still CREATE CHARGE over my properties? There was no injunction order when I sold the properties.
Thanks in Advance
SAINATH DEVALLA
(Expert) 31 March 2015
When did U sell the properties and when did U acquire them?Does UR wife of selling the properties?
Having a charge is to have a right over the property to recover amounts to the extent entitled. There are several kinds of charges which needs no mention for the present situation.Issues concerning family are simple as long as they are within the family. They become complicated only when brought before a court. Therefore every fact has to be evidenced through some mode which can be later on be made available to the court presiding over the issue.
Dont sit over the issue. Consult a lawyer who is well versed with civil and family property matters.
Rajendra K Goyal
(Expert) 02 April 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Property-attachment-530866.asp#.VRzVWfyUePw
