domestic violence act property safety
ravi
(Querist) 15 January 2010
This query is : Resolved
i married on 13.6.2002. i have a male child on 2003. we are separated last on year. my wife reside with her parents. she in only daughter for her family. i sale my property to my sisters husband in feb 2007. My wife filed DV case against me, my mother, my sister and sisters husbend for want of maintenance, give property by cancel sale. Is possible to cancel the sale and got share. i earned monthly 25000 per month approximately what amount share to be given to maintanance.
R.R. KRISHNAA
(Expert) 15 January 2010
If the property is your self acquired property, it is your wish to give it to your sisters and others. Your wife cannot stop that. Regarding maintenance, you have to pay as the court fixes.
B K Raghavendra Rao
(Expert) 15 January 2010
If your wife had filed divorce case after you sold the property to your brother-in-law, she would have no right over that property. However, she may seek alimony for herself and your son from out of your salary. Normally, one third of your take home salary would be awarded as maintenance. However, it depends upon the judgement of court.
Guest
(Expert) 16 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING DOMESTIC VIOLENCE ACT CASE KINDLY NOTE THAT.
1.THE SAID CASE IS CRIMINAL CASE.YOU MAY APPLY FOR CERTIFIED COPIES FROM THE COURT OF SAID CASE FILED AGAINST YOU AND YOUR SISTERS AND MOTHER
2.YOU MAY FILE APPLICATION UNDER SECTION 482 OF CRPC TO THE HIGH COURT HAVING AREA JURISDICTION BY ENCLOSING SAID CERTIFIED COPIES OF THE CASE FILED AGAINST YOU.HIGH COURT WILL CALL RECORDS OF THE SAID CASE AND MAY QUASH SAID CASE AGAINST YOUR MOTHER AND SISTERS PLEASE NOTE.YOU WILL SUCCEED.
3AS FAR AS SHARE IN PROPERTY IS CONCERNED SHE HAS TO FILE A CIVIL SUIT FOR THE SAME. DOMESTIC VIOLENCE ACT IS A CRIMINAL COURT MATTER AND YOU MAY CONTEST THE MATTER IN THE COURT SERIOUSLY WITH THE HELP OF LEGAL EXPERT.COURT WILL TAKE APPROPRIATE DECISION.IN CASE ORDER IS NOT AS PER YOUR SATISFACTION ,YOU HAVE OPTION OF APPEAL TO SESSIONS COURT AND FURTHER TO HIGH COURT AND SUPREME COURT PLEASE NOTE.
YOU MAY WRITE AND SEND DETAILS IN CASE YOU NEED ANY FURTHER HELP
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Guest
(Expert) 19 January 2010
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