Under domestic violence act,2005
Mohan R
(Querist) 08 October 2013
This query is : Resolved
Dear Experts,
Iam a senior citizen with low sources of income. As a result of cruelty by my wife I filed an HMA case whch is going on satisfactorily without any relief to my wife. She earns about 3 times more than me. But Iam maintaining her according to my status giving her right to reside. After 2-3 months of HMA case, she filed a false DV case against me. She is seeking wild reliefs which includes to restrain me from alienating the property, not to mortage it etc. On the first hearing I had filed my application under Section 245 of Cr.P.C. for discharge and it is still not been decided and the final arguments are over. It was going on for nearly 2 years and obviously it was considered as there was merits in my case. Her Petition under Sec 12 and other sections have not been taken up so far. On the advice of the court I gave an undertaking not to dispossess her and that I'll not sell, transfer, alienate the shared household.So the interim orders continued till now in this way. Now I have only one question which is :-
Does my complainant wife have a right to restrain me from alienating the property even if I give her factum of residence in case I am compelled under certain circumstances to alienate the property for certain justified reasons for another shared household which I would take. I will also entitle her for right to reside in next shared household. There is a modus operandi and malafide intention on the part of my wife to disempower me from the property for various reasons. So considering Sections like 19 of DV Act, and if my application is to seek dishcarge is still not decided, , has she got the right by law to get this kind of relief of getting restraint orders on the property which is presently the shared household.Or can I ask for modifying the order according to what I need.
Thank you very much.
Dr J C Vashista
(Expert) 09 October 2013
Yes, the complainant wife have a right to restrain you from alienating the property even if you give her factum of residence, if the property is in your name, otherwise no.
However, get the restraining order vacated as soon as possible, contact your lawyer
Rajendra K Goyal
(Expert) 09 October 2013
She has got the right by law to get restraint orders on the property which is presently the shared household provided it is in your name.
You can get the orders vacated provided you have enough grounds for the same.
Raj Kumar Makkad
(Expert) 09 October 2013
DV Act provides a right to wife to restrain her husband to dispose off the property if she has no other source to recover for her maintenance.
