Dv act:urgent query pls
vickydonor
(Querist) 15 May 2012
This query is : Resolved
Me and my wife were living seperate from parents in a rented house in different city from my parents.Due to strained relations,my wife planning to file a DV case against me and my family..i have below query
(a) Is court empowered to restraint me and family members to alienate our properties(land in my name etc)/ creating third party interest or is it only when order of maintenance is passed and the same is not obeyed and as a consequence court restraints selling of property?
(b)If no order passed by court in the interim stage regarding restraint on properties, can they be sold or will the matter be anyhow treated as subjudice by future buyer of said property?
ajay sethi
(Expert) 15 May 2012
if your wife is planning to file DV case against you and your family members she will seek maintenace , right to stay in shared household .
the shared household in present case is wherein you last resided together ie rented house wherein you both are staying .
she can also seek alternative accomodation under DV act .
let her file DV we do not know the releifs she has claimed .
generally in DV cases protection order , maintenace , compensation , right to stay in shared household are sought .
as on date no case is filed nor any injunction granted . you are at liberty to sell property now . .
Shonee Kapoor
(Expert) 15 May 2012
Unless there is an order prohibiting to do otherwise, you are free to deal with the property in any manner you deem fit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate Rajkumarlaxman
(Expert) 15 May 2012
