LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Hemanth (Partner)     10 January 2013

Dv help - urgent

Dear Experts !! back ground : I am a builder, my wife is govt. employee, we are not compatable, have a son, seperated from past 3 years.After 1 year of seperation I filed for divorce on cruelty grounds , case dismissed. After dismissing of the case, we have no communication and living seperately. In june last year I got hit by 498a, (all family members), they demanded huge sum, I didn't accept and went to remand, police didn't bother our family members as it is 100% false and they claim that we are harassing through phones (unknown numbers), no records(we never called, they live in Hyd, we live in Vizag). Later I found from their lawyer, that the new 50% property law triggered them for this. Also they filed a DV case in August demanding 50% share in an apartment complex that I am building( I am a builder). The site is owned by me ( I used to have a own house before in that site) but there are 5 more investors, for construction. Now this judge ordered not to sell the property as she claimed that it is my only house and if sold I may not pay for maintanance for child and 50% share/ huge sum as alimony. Next month I have to file counter to this, I am a bit confused, If I am not selling, I will be in big trouble. How can court order without even asking for counter? This DV act is really pathetic. We planned for 20 flats so far 12 are completed, now my partners are asking to register them as they came to know about the case.As there is this order, I can't go for registration. I hired a lawyer, In my counter he said we mention the land is owned by you but 5 more partners for the building ( I have aggrement docs with the investors), will the court divide according to it or it will simply continue their first order to stop selling ? I want to get these orders dismissed, how do I do? I looked into this site for past queries of similar nature, didn't find any. Even their lawyer approached me when attended for collecting DV case papers. It is 100% a money extortion plot, he is suggesting for outside court settlement. One clear thing is she is earnig and there won't be any maintenance to her, also I found she bought a own apartment in Hyd. Now only question is child maintenance. However there is no divorce case pending ? What are my chances of dismissing this case. Please throw ideas..I have another 3 weeks to come with a solid counter, pl. help.



Learning

 1 Replies

Srinivas (Manager)     10 January 2013

Hemanth, welcome to the world of 498A & DV. There are no ethical rules for this law. I am also sailing in the same boat. My guess is judges are bound to give some kind of relief orders. Ultimately you will win, don't be panic, relax.I am not expert but I have some thoughts, If you have alternative arrangements like private loan,  settle the investors and surrendor documents to this loan with a prior date than filing date of DV case. You may end up selling at slightly less price but you can protect your interest. You can simply claim the house is already in debts, if they need 50% property they can very much pay the debt and take. Experts please throw some light in this direction. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register