Pvt_RajKing (Private) 13 December 2012

Can we attach wife's property - cheque bounce case

Hello,

The accused has been announced as absconder and proclamation complete in a cheque bounce case. The magistrate asked the complainant to take steps to attach property. Upon it was found that the accused has been buying property only in the name of wife and not on his name. Can properties purchased after the mariage in wife's name be attached in a cheque bounce case against the husband?

My lawyer wants citation as he doesn't use internet...he is asking me to find out:- )

Please help..

Thanks in advance!!

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2 Replies

Goutam Prasad (Advocate) 13 December 2012

The property of wife can not be attached for execution of any order against husband.

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Javed Khan (Student) 14 December 2012

Yes, it can be attached.

Generally, the property acquired by wife is not subject to attachment for recovery of debts due to husband. But, the fact that you've to bear in mind is that, it must be her own property or that,

she must hold a right in that proprty as per the prevailing laws relating to property held in common by marriage. But since, in your case, the transaction was a 'benami transaction', the property thereunder is thus,

liable to be attached as the person who paid the consideration for the purchase of property was the husband himself.

For further clearnace, you may refer to section 60 of the Code of Civil Procedure.

Do refer to this judgment: Iqbal Begum And Ors. vs Tax Recovery Officer 1974 97 ITR 310 Mad

go through this, and you may be able to find other case laws as well..

Good Luck