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Guest (Querist) 25 April 2013 This query is : Resolved
Hi please give me advice that my wife already put 498 Domestic Violence Act. This case is running.
Now she put again Section 200 of Criminal procedure code for offences under SECTOPM31 of protection of women from Domestic Violence Act, 2005.
In this she is asking maintenance, which is proved that she is working.
Court has pass order dated 19/07/2010 that all properties has been attached. The copy of the said order has been served on Deputy Commissioner dated 29/10/2010. I had already sold house on 30/10/2010.
I want to say that
1. I had already sold house on 30/10/2010 from this she had already took 20% amount on 2011, why she is claiming now i.e. 2013.
2. I had not received any notice on or before 30/10/2010. I had proof that N.O.C. given by society this shows that I had not received any notice.
3. Why she is involving the buyer.
So please suggest me what to do.

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Devajyoti Barman (Expert) 25 April 2013
She can not claim for attachment on the property already sold. However she can claim so for an other property left.

R.K Nanda

(Expert) 25 April 2013
consult local lawyer.

Guest (Querist) 26 April 2013
Thanks a lot
What to do for such type of harassment and also she is giving private complaint every time?

Devajyoti Barman (Expert) 26 April 2013
Nothing but to fight against such complaint.
You can also file counter case.

Guest (Querist) 26 April 2013
Thanks Mr.Barman giving me quick reply.

Nadeem Qureshi (Expert) 26 April 2013
Dear Shashi
as per your query, the court had passed an order to atteched all property on 19-07-2010 and send this order to deputy commissioner on 29-10-2010 &you sell the property on 30-10-2010, this transection can be chellenge before the court.
Contact a lawyer.

Guest (Querist) 27 April 2013
Thanks Mr. Nadeem
I want to say that I had not received any notice or intimation till now.
That is an Exparte order.

ajay sethi (Expert) 27 April 2013
you ought to have challenged the exparte order . the said order has been passed prior to sale of property by you .draw attention of the court to fact that sale has been made prior to intimation of order by you . why was it decided exparte ? court must have issued you notice yet you must not have appeared inspite of notice

Guest (Querist) 27 April 2013
Thanks Mr. Ajay Sethi
I want to say that they had sent notice Deputy Commissioner dated 29/10/2010.
But I came to know later i.e. after two months at court.

Devajyoti Barman (Expert) 27 April 2013
All judicial orders ex parte or contested is amenable to challenge before higher court.
So you are free to assail the order.

Guest (Querist) 29 April 2013
Thanks to all

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