Maintenance order 7 rule 1 cpc
swetha
(Querist) 11 October 2014
This query is : Resolved
Dear Experts,
I have filed maintenance case against my husband u/s order 7 rule 1 CPC. My husband had 3 properties. I prayed court to attach his properties. Before that my husband sold all 3 properties and said court that he had loans n he could not pay the loan so he sole the properties. He has sold his properties after I filed maintenance case. He marked a bond paper in court during evidence. That bond paper says that he bought loan from a person. He sold his properties during the case is running in court. there is no order for attachment and there is no injuction order.
1) will the court take his bond sheet as evidence? is it valid in court?
2) Can I pray court to declare INVALID OF SALE of his 3 properties.?
3) How his SALE is valid when the case is running in court?
ajay sethi
(Expert) 11 October 2014
husband was absolute owner of the 3 properties . court had not granted any injunction restraining sale of 3 properties . merely maintenance case is pending does not imply that husband cannot sell the properties
Rajendra K Goyal
(Expert) 11 October 2014
In the given circumstances, no stay was available, husband can sell the property.
