Is attachment before judgement possible under d v act?
Querist :
Anonymous
(Querist) 24 August 2024
This query is : Resolved
Is it possible for the Applicant to apply for attachment of immoveable property before judgement in an application for maintenance under the Protection of Women from Domestic Violence Act (DV Act), as it is feared that the Respondent may sell his property when the maintenance order is issued out by the court?
T. Kalaiselvan, Advocate
(Expert) 25 August 2024
In DV case she can file a petition to restrain him from selling his property or encumbering it in any manner for the said reasons.
Advocate Bhartesh goyal
(Expert) 25 August 2024
No, petitioner can get restrained him for selling and if non petitioner fails to comply with the order for payments of maintenance then petitioner has remedy u/sec 125(3) Cr.P.C
Querist :
Anonymous
(Querist) 25 August 2024
Thank you
That means attachment is not possible, but an application can be filed to the Magistrate to restrain the Respondent from selling the property.
Is it right?
kavksatyanarayana
(Expert) 25 August 2024
Yes. She can file a petition in the matter.
Querist :
Anonymous
(Querist) 25 August 2024
Kindly tell me under which provision of the CrPC, she can file a petition.
T. Kalaiselvan, Advocate
(Expert) 25 August 2024
She can file a petition in the same DV case under residential rights seeking an order to restrain him from selling his property pending maintenance application
N.K.Assumi
(Expert) 26 August 2024
Agree with the above statements of Law. It will be under DV Act, under residence order.
Querist :
Anonymous
(Querist) 26 August 2024
My question is whether there is a legal provision that allows me to file an application for “attachment before judgement”, as in CPC, in my case for monthly maintenance under DV Act, which is civil in nature but some of its procedures are governed by CrPC.
If so, please tell me the legal provision.
T. Kalaiselvan, Advocate
(Expert) 27 August 2024
No, attachment before judgement cannot be passed as an order in DV case, the can however pass an order of injunction against alienation of the property.
Querist :
Anonymous
(Querist) 27 August 2024
Kindly tell me under what provision of law I can apply for such an injunction.
Querist :
Anonymous
(Querist) 27 August 2024
Or else under what provision the court, particularly being the criminal court, has power to issue such an injunction.
And of course, the problem is that DV Act does not have a section that empowers the court to issue such an injunction order.
