Request for clarification
gopal
(Querist) 06 June 2013
This query is : Resolved
sir
my father filed divorce suit against my mother, father age is 74 mother age is 56
now my father having angry with my mother he filed divorce case against my mother. now my mother filed counter petition against his petition stating that he is having the 3 acres of land which was given by my father to him for sreedhan, now my mother asked that 3 acres of land to return to her on counter now he is trying to sale the land,
now my doubt is, is it possible my mother file IA application on the court for asking injunction not to sale the property until the case disposal
kindly give suggestions to me
regards
V R SHROFF
(Expert) 06 June 2013
Question:
now my mother asked that 3 acres of land to return to her on counter now he is trying to sale the land,
now my doubt is, is it possible my mother file IA application on the court for asking injunction not to sale the property until the case disposal:
Ans:
Who stop her filing any IA???
But it will not be allowed in Divorce Petition.
She have to file it in Domestic Violence / Separate Civil Suit, with proof that she have any right .
Assuming marriage was before 30 years, she cannot succeed. [father age 74], but nothing wrong trying, as STAY ORDER can be granted, if she proves her possession .
ajay sethi
(Expert) 06 June 2013
your mother should file complaint under DV act . in said complaint seek interim reliefs injunction restraining her husband from selling land , roight to stay in shared household ,etc
Raj Kumar Makkad
(Expert) 06 June 2013
You mother has every right to claim for her istridhan from your father who at the fag end time of life has filed divorce petition against your mother.
Interim relief of stay is not possible in the ongoing petition.
gopal
(Querist) 07 June 2013
Dear Experts,
I submit my pranams and thanks to you all.
The property of 3 acres of land got my father in the way of sreedhan.
my grand father (ie my mother's father) gave money to my father to buy the land. becos he is the son in law so he did after my mother marriage. so it is considered as a sreedhan of my mother.
now my mother mentioned that in her counter statement and requested the court to direct him to return the jewels and the land.
now he try to sale as soon as earlier because my mother mentioned that land in divorce case so he afried and try to sale soon so i asked that doubt to prevent the sale
gopal
(Querist) 07 June 2013
is there any legal way to stop the sale of that land by mother, if there is any other way pls give the suggestion, does she can use domestic violance act or any other act to use to stop the sale pls guide
Thanks and regards
Anirudh
(Expert) 07 June 2013
As advised by Mr. Ajay Sethi, your mother has to apply for grant of interim injunction (stay) restraining your father from alienating, transferring, or parting with possession of the land in any manner during the pendency of the court proceedings. Without doing this, if your father sells, then it will be a long drawn battle.
