property attachment

Querist : Anonymous (Querist) 27 July 2011 This query is : Resolved
Wife filed 125 crpc first. During pendency of 125 crpc, she filed another maintenance case under order 7 rule 1 cpc and fraudulently informed the court that I evaded in 125 crpc case and asked court to attach my property.

So simultaneously both civil and 125 crpc were running.

I appeared before civil court and informed the court that I have not evaded and prayed the court to dismis the civil case. But court did not. In the meantime 125 crpc order was passed in her favour.

Now still the civil case is running.

In 125 crpc I have time to pay the arrears.

I have two assets. No children.

I am ready to give her one asset. But wife wants to grab two assets. Till now she has no stay order or restrain order from any court.
Dear experts kindly help me how can I save one asset for my food in future.

1) Can I gift one asset to my mother? is there a possibility to wife to take it back?

2) Or Can I sell it to third party? is there a possibility to wife to send notice to the third party to pull him in to the case?

3) Or can I mortgage to some one and register the mortgage document in register office? is it possible to wife to take it back? Can I mortgage when the property is subject matter of a case?

Thanks in advance.

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Devajyoti Barman (Expert) 27 July 2011
1.Yes, nothing.
2.No
3.Yes

prabhakar singh (Expert) 28 July 2011
Expert Devajyoti Barman HAS RIGHTLY OPINED.

YOUR WIFE HAS NO RIGHT TO GRAB ANY OF YOUR PROPERTIES.YOU ARE FREE TO DEAL AS OWNER IN WHATEVER MODE YOU CHOSE.
HER RIGHT AGAINST YOU IS LIMITED TO maintenance WHICH IF AWARDED TO HER BY A CIVIL COURT ,THE COURT MAY AWARD A DECREE OF CHARGE ON YOUR ONE OR MANY PROPERTIES SUBJECT TO THE QUANTUM OF THE maintenance SO THAT IT MAY REMAIN ENFORCEABLE.