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Querist :
Anonymous
(Querist) 26 June 2018
This query is : Resolved
My husband hit me and threw me and my son out of house. I filed NC against followed by DV case on 27/10/2017. After case was filed, my husband went to stay with his mothers. I stay in same matrimonial home.Court passed maintainence order & residence order on 17/04/2018. Thereafter i went to out of town with my parent. After returning I went to submit the copy of order to society office so tht no sell or transfer of house should take place but society said this house has been sold and transferred to his aunty which already took place in Dec 2017 without my knowledge and changed the lock of house. My husband was individual owner. How do i get house registration null and void as he is not supposed to dispose the property.
Vijay Raj Mahajan
(Expert) 27 June 2018
The application should be moved in the court seeking order for execution of the right to residency that was allowed.
The right to sell the property owned by the husband existed although there was order of the court to provide place of residence to the wife.
The court order in this regard has to be checked if in the specific words the order of injunction passed that the wife will be staying in that particular house that was sold.
If there was this order existing the court can proceed against the husband for contempt and even set aside sale of the house done by the husband.