Sale of property pending in court.
sasha
(Querist) 21 April 2013
This query is : Resolved
Since 2010 aug my dispute is going on with my husband . My husband had bought a property after our marriage for interest of children . After our dispute I had put a case of domestic violence seeking stay on property . After the case started my husband had put the property on his massis name to alienate us from our rights.
In the mean time I had started another case where the jurisdiction of this property was .nd I had made his massi also the party.
Now I hav com to know that his massi had further sold the property which was a shock to me.
I hav no idea wat to do . I had asked for the stay on this property which the court had dismissed . Now whosoever had bought the property r doing construction on it.
My qus r
Can at this point I get stay on that property?
Can I lodge a criminal complaint against massi in police station for selling the property?
And if I lodge a complaint shud it b in the same jurisdiction where the property was or where I stay at the moment?
Advocate M.Bhadra
(Expert) 21 April 2013
You have no property right during life time of your husband or after divorce.Court can only attached the property on default of paying maintenance or alimony by your husband.
You should file a maintenance case u/sec.125 Cr.P.C.at where you are living now, praying to the Court for attachment of property.
You can also file a marriage declaration suit with claiming alimony and attachment of husband's property and also Injunction over the property
Filing of criminal case against your aunt-in-laws does not lie.
A News:--
Bowing to pressure from women's activists, the government has made some crucial amendments to divorce laws, giving women half a share in the husband's residential property irrespective of whether it was acquired before or during the marriage. The amendment was cleared by the Union Cabinet.
The wife's share in other assets owned by her husband - movable and immoveable property - has been left to the discretion of the judge.
R.K Nanda
(Expert) 21 April 2013
agree with expert Bhadra.
Raj Kumar Makkad
(Expert) 22 April 2013
There is no such law as on day which may provide the right in the property of husband either without divorce or after divorce. The claim of maintenance can be got recovered as per provisions of section 125(3) of criminal procedure code.
