I have across a case of lady as below:-
1. She was married in Delhi in 2002 where she was residing with her parents. Husband was staying in the city of ghaziabad, at the time of marriage. Both decided to own their own flat after marrige in the city of ghaziabad only. She contributed from her GPF account, savings bank account for making initial payment towards the flat, and for rest of money she took loan on herself and had paid monthly installment for 8 years.. Some part of money was also given from husband side.
2. in the year 2006 onwards there were regular disputes between husband and wife, in fact husband was forcing the lady to get more loans on her name, for the car, celebrating birthdays, jagrans, buying new sofas and all that. He was successful in piling few loans on her by acts of threatening, abusing, scaring her of dire consequences. The lady could not withstand this mental agony, and harrasements from all side, mental, physical, emotional, financial. Got severe health problems all these years, and finally in the year 2008 she was diagnosed with very severe kidney problem. Her husband even did not pity on her condition and used to torture more on her condition, like not following her to prescribed medical advises, not getting her medicines, used to keep her salary atm card and did not allow her to keep more thatn 100-200 rupess, and even forced her to keep going to office, othewise salary would be cut. Due to all these atrocities she was forced to leave her matrimonial home (joint property of her and her husband on the title deed) in end of 2009.
3. After recovering little bit from her illness, she is preparing herself to fight court battle. She has been advised to file a DV suit. At present she is living in Delhi so she wants to file all cases from Delhi only.
---Is there any provision / relief to in DV act 2005 to get injuction on the joint property (ghaziabad) in the same DV suit which is to be filed from Delhi.
--- Would a declaration suit be needed to have their share in propery given by court, can the same be filed from delhi alongwith DV suit
-- Does DV suit provides to also bring in injuction to stop the malicious transfer/sale of this joint property by husband. OR this injuction suit to be filed seprately
--- She does not want to file partition suit at present, since she is not capable of paying heavy stamp duty. She has hardly any money to get her ongoing treatments.
Thanks in advance to members participating in this discussion
