Query on section 7(c) of family court act,1984.
Sanjiv Tyagi
(Querist) 25 February 2012
This query is : Resolved
Dear Sir
we required in the matter of above section.i.e section 7(c) of family court act 1984.(Demand for matrimonial house from my wife).My wife has also filed court cases against me U/s.125 of criminal procedure code.U/s 498(A) and 114 of IPC.and section 7(c) of family court act 1984.
I am owner of a residential house property on which I have obtained a loan from my employer on which approx.19 Lacs is still outstanding.In such case can court order allotment of my residential house property in favour of my wife.or can court grant status quo or grant injunction for sale of said property.I already have other residential house property in my native ,in such case do I have any other remedy.
You may suggest some judgments of either high courts or supreme court of India regarding all the above sections.
Thanks & Regards
Sanjiv Tyagi.
V R SHROFF
(Expert) 25 February 2012
YOU ARE Owner of a residential house property , BUT W/O FULL PROOF REMEDY
u face section 7(c) of family court act matrimonial house).+ U/s.125 + 498(A) and 114 of IPC..
You own house property+ a loan from my employer 19 Lacs is outstanding.
Court CAN order allotment of your residential house property in favour of your wife.
And/or grant status quo or grant injunction for sale of said property.
Let ur Adv find judgments. You will need it after some time.& Majority are in Ladies fvr.
Raj Kumar Makkad
(Expert) 25 February 2012
Court has ample powers but not of allotment of the house favouring you in favour of your wife.
Court may direct you to prove residential accommodation to your wife in your house or elsewhere at par with your status but cannot allot your house in favour of your wife.
Citations depend upon various points which a defending lawyer know better. believe in your lawyer.
J K Agrawal
(Expert) 26 February 2012
Dear Sir
By marrying a person a wife does get entitlement in property of husband.
I do not know any such law that wife has any right in husband's property in his life time.
No doubt she has a right to maintain her but certainly she has no rights in property of husband unless he does not dye without testament.
I think wives should wait up to final call.
