Can self earned property be sold when dv case is pending?

It can be sold, provided no injunction restraining you from selling the property is passed by the Court.

Prima-facie  YES

But there can be more relevant facts. come with full facts.

Sir,

The problem is I have a property this is now worth a crore and the loan pending is around 15 lacs.
Was thinking of either selling or transferring the property to mother's name who is also implicated in the DV case. The case is currently in the cross examination stage. Will transferring property to mother's name turn negative against me?

Thanks

Originally posted by : xpressjunction
	Sir, The problem is I have a property this is now worth a crore and the loan pending is around 15 lacs. Was thinking of either selling or transferring the property to mother's name who is also implicated in the DV case. The case is currently in the cross examination stage. Will transferring property to mother's name turn negative against me? Thanks

2 questions:

Only under section 19 she has asked relief of any other sections?

Is it a false case of DV or have you comitted any act of DV?

In addition to relief under Section 19, She has asked for relief under  sections 18 (protection order) , 20 ( Monetary relief of 5 lacs compensation, 6000 additional maintenance for kid in addition to Rs.8000 I am already paying under CRPC. 125 order ) , section 21 ( Custody order to retain child. The child is already with her.)

FYI, she is working in same designation as me in same company.

It is a false case of DV and I havent committed any act of DV.

Originally posted by : xpressjunction
	In addition to relief under Section 19, She has asked for relief under  sections 18 (protection order) , 20 ( Monetary relief of 5 lacs compensation, 6000 additional maintenance for kid in addition to Rs.8000 I am already paying under CRPC. 125 order ) , section 21 ( Custody order to retain child. The child is already with her.) FYI, she is working in same designation as me in same company. It is a false case of DV and I havent committed any act of DV.

No need to worry. Transfer the property or sell it off immediately with utmost secrecy. As DV has not occurred, she cannot be granted relief under DV act. As you are already paying money in 125crpc, she cannot claim some more money under different sections of law.

take certified copy of order passed u/s 125 which i presume is maintanence for the chid and sumbit the same in DV case . As she is a working women she cant claim for maintanence .In the absence of any injunction you can gift the property to your mother and than sell the same .

Multiple maintance cannot be awarded here is a judgement for the same . Now go through it and cheer yourself up .

IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: August 25, 2010
Date of Order: 30th August, 2010
Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010
30.8.2010

Rachna Kathuria ... Petitioner
Through: Mr. P.Narula, Advocate

Versus

Ramesh Kathuria ... Respondent
Through:Mr. S.S.Saluja, Advocate

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment? Yes.
2. To be referred to the reporter or not? Yes.
3. Whether judgment should be reported in Digest? Yes.

JUDGMENT

By this petition under Section 482 Cr.P.C. the petitioner has assailed an order dated 22nd October 2009 of learned Additional Sessions Judge passed in appeal whereby the appeal of the
petitioner was dismissed.

2. The petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) and along with it she filed an application under Section 29 of the Act seeking maintenance. The learned Court of MM observed that petitioner was living separate from her husband since 3rd January, 1996. She had filed a Civil Suit under Hindu Adoption and Maintenance Act and an application under Section 125 Cr.P.C. and she was getting a total maintenance of ` 4000/- per month from the respondent. In case the petitioner felt that maintenance awarded to her was not sufficient, the proper course for her was to approach the concerned Court for modification of the order as already observed by the High Court in a petition filed by her earlier and the application was dismissed. Against this petitioner preferred an appeal. The learned Additional District Judge dismissed the appeal and the petitioner has preferred this petition.

3. It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track. If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. If the woman has already moved Court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance. This petition is not maintainable and is hereby dismissed.

SHIV NARAYAN DHINGRA, J.
August 30, 2010
vn

Source link:
https://lobis.nic.in/dhc/SND/judgement/31-08-2010/SND30082010CRLMM1302010.pdf

@Helping Hand !

What if DV is committed? He cant transfer the property or sell it?

Please suggest...

Originally posted by : Atul
	@Helping Hand ! What if DV is committed? He cant transfer the property or sell it? Please suggest...

When you are telling its a false case, why the above question?

This is legal forum, stop playing games here.

If DV is committed and it very well will  be proved then, whatever she has asked relief that will be granted to her, for eg she is asking for rent, if you dont pay rent again problems for you, warrant issue, NBW, then attachment of property etc.

Even then, the said property is yours, and you can sell it etc, until unless she has a share in it, has paid money to aquire it, is in joint ownership with her etc.

You are going to sell property worth 1 crore...She is asking for 5 lakhs...Very reasonable...Why don`t you give it to her and finish the case?

@Helping Hand

Sorry. I didnt mean to hurt anyone here. The reason I asked my Question is:

Usually the wife and their parents puts false DV cases wherein they mention even small instances of activity as abuse like for eg: Husband did not provide me towel while taking bath( Negligence by husband) which is very difficult to prove by husband that he did not do it.

So In such cases, where no body can provide proof to defend or very difficult to defend it, it is not affordable to loose the property he has made right? 

Just out of curiosity i asked this question so that men should not loose their hard earned property for false case.

Thanks

Atul

walk out of th problem while getting a cheaper exit as explained above