Attachment of property
sensitiveman
(Querist) 11 October 2012
This query is : Resolved
Dear All,
Wife filed divorce petition under mental cruelty. Already had 2 counselling sessions. In the 2nd counselling session, mutual consent was taken regarding the interim child maintenance and access. The query is that I had a property in joint ownership with sister and I gifted my share to mother after the mutual consent of child maintenance, I wanted to give the child maintenance genuiely but dont have huge savings in my name except that property so in case I lose my job and unable to pay maintenance then still judge has the power to attach my gifted property to mother for the recovery of maintenance ?
Thanks in advance.
R.venkatesh Naidu
(Expert) 11 October 2012
you have gifted your share in the property, only after the order was passed by the court, hence it is in valid transfer. the transfer is wontonly created by you for escaping from giving the maintenance to your child, hence the court has got power to attach the said property for the recovery of maintenance.
sensitiveman
(Querist) 11 October 2012
Thanks Mr. Naidu for your advise. But the point is it has not been ordered by the court, it was mutually decided by me and my wife. Also, I would certainly pay the child maintenance as long as I am working.
Waiting for your comment now...
ajay sethi
(Expert) 11 October 2012
you are talking of an hypothetical sitauation . cross the bridge when you come to it . at present you have a job . comply with court order as to maintenance
