Order 7 rule 1 cpc
Ram
(Querist) 24 February 2014
This query is : Resolved
Suit for maintenance filed under section Order 7 Rule 1 CPC by wife. I have only one property (a house). wife asks court to attach that property. so far, there is NO RESTRAINT ORDER or ORDER FOR ATTACHMENT from court. Case is still running in court. Due to frequent hearings and travel to court I lost my job and jobless for last 4.5 years. I am going to sell the property and start business so that if court orders i can pay maintenance once the case is over.
Question 1) if I sell the property, can court declare NULL & VOID the sale? because I sell the property after the case is filed.
Question 2) in case court declares NULL & VOID of sale, can I tell the court that "I would deposit a amount in bank(FD) in her name and credit the maintenance amount to her SB account every month. This will ensure prompt payment of maintenance every month and ensure FUTURE maintenance also. Will the court accept this idea?
ajay sethi
(Expert) 24 February 2014
if no injunction has been granted you are at liberty to sell your property .
Rajendra K Goyal
(Expert) 24 February 2014
In absence of any injection you can sell. No need of depositing the money in her name, pay only as and when ordered by the court if do not want to prefer an appeal.
Devajyoti Barman
(Expert) 24 February 2014
Yes, is answer in both of your query. However the buyer would be bound by the verdict of the court.
SO it s tough to get new buyer.
Non disclosure of pending litigation may make you liable for damages.
Ram
(Querist) 24 February 2014
Thank you experts. Thanks a lot.
