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498 WARRIOR (wqeqeqe)     14 August 2014

Few divorce related questions......

Have been meeting many advocates and friends recently to discuss my case and have come up with many confusing situations which some known ones have been facing............ am hoping experts will surely guide the best way out... many people would be benefited by the same...these are questions from various cases, hence would request you all to reply separately to each query.

 

1. If the husband and wife are living in the same house and going through divorce, how can she be made to leave. If the wife and her family is threatening of killing the husband and to involve him in false cases of threat to life to the wife, can the husband get an injunction against wife to keep her away from his house ? (the house is  self owned by the husband )

 

2. If husband and wife are going through divorce, what are the chances of settling it in CAW ? does the mediation really help ?

 

3. If husband owns 3-4 properties and all are put on stay by the court on application of the wife, how does it affect the husband ? Can he not request in the court and sell it off, when really required  ? When the law does not give her any  share in the property, why can the court put  stay on all properties ?

 

4. Other than the properties, heard that the court also seals lockers of the husband and his father / mother ? but can the court also put a seal on lockers / properties of owned by  married sisters/ brothers of the husband ??  what are suggestions / advices for the husband to safeguards his wealth ?? what all other things can the court order ?

 

 

 

 

 

 

 

thanks in advance.. !!!



Learning

 3 Replies


(Guest)

Have been meeting many advocates and friends recently to discuss my case and have come up with many confusing situations which some known ones have been facing............ am hoping experts will surely guide the best way out... many people would be benefited by the same...these are questions from various cases, hence would request you all to reply separately to each query.

 

Opinion: you are still confusing yourself, let me brief your confusion:

 

1. If the husband and wife are living in the same house and going through divorce, how can she be made to leave. If the wife and her family is threatening of killing the husband and to involve him in false cases of threat to life to the wife, can the husband get an injunction against wife to keep her away from his house ? (the house is  self owned by the husband )

 

Opinion: You can't do much but filling a suit of threat and extortion on your wife and her gang will give you relief,if you are really having evidences of such threats & extortion where you are having danger of your life.

also attach this happening in your divorce pending case. Pray to judge that your life is in danger by living with her under the same roof. Admit of giving her a separate residential in lieu of that.

 

 

2. If husband and wife are going through divorce, what are the chances of settling it in CAW ? does the mediation really help ?

 

Opinion: Once,the matter been reached in court CAW has no role do here. Now, all mediation will happen through court only.

 

3. If husband owns 3-4 properties and all are put on stay by the court on application of the wife, how does it affect the husband ?

 

Opinion: Does your properties are illegal or the owner of such properties are your wife? if not then why are you shaking and feared about such things. No need to worry, Your wife is only entitled to maintenance, she has No right on your owned properties.

Court can't do any thing to your properties until and unless you absconds or fail or neglects the courts order in terms of maintenance or alimony,if any.

 

Can he not request in the court and sell it off, when really required  ? When the law does not give her any  share in the property, why can the court put  stay on all properties ?

 

Opinion: Already clarified as above.

 

 

 

4. Other than the properties, heard that the court also seals lockers of the husband and his father / mother ? but can the court also put a seal on lockers / properties of owned by  married sisters/ brothers of the husband ??  what are suggestions / advices for the husband to safeguards his wealth ?? what all other things can the court order ?

 

Opinion: If the matter is related for her stridhan and court thinks deemed fit to make stay or seal the lockers until the matter of her stridhan is not solved or recovered. In this procedure the aggrieved has  to show the stringent proof that her articles are laying in such places. So, whoever and where ever is having her articles , they are in courts inquiry and trial zone.

 

 

 

 


 

 

thanks in advance.. !!!

 

 

 

Good luck))


ESIS

 

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498 WARRIOR (wqeqeqe)     17 August 2014

thanks ESIS. really appreciate your advices...

Is there any way to throw her out ? Give me any wildest thing i can do to keep her away....I know if she is living with me in the same house, she will involve me in serious cases (of killing etc etc) and try to put me behind bars.

 

this will be great help !!!

T. Kalaiselvan, Advocate (Advocate)     19 August 2014

1. If the husband and wife are living in the same house and going through divorce, how can she be made to leave. If the wife and her family is threatening of killing the husband and to involve him in false cases of threat to life to the wife, can the husband get an injunction against wife to keep her away from his house ? (the house is  self owned by the husband );

As long as she is not divorced she is entitled to stay in her matrimonial house, you cannot legally evict her, but owing to the threats she poses you, with the evidence you can move court seeking to shift her to some other residence on your cost.  This is to be substantiated before the court with some strong evidences.

 

 

2. If husband and wife are going through divorce, what are the chances of settling it in CAW ? does the mediation really help ?

  CAW cell has got nothing to do with mediation once you have already approached court and ther subsists a divorce case.  Don't budge to any such pressure.

 

 

3. If husband owns 3-4 properties and all are put on stay by the court on application of the wife, how does it affect the husband ? Can he not request in the court and sell it off, when really required  ? When the law does not give her any  share in the property, why can the court put  stay on all properties ?

What was the reason that the court granted stay on the properties and what is the nature of stay?, You can very well challenge the stay and try to vacate it.

 

4. Other than the properties, heard that the court also seals lockers of the husband and his father / mother ? but can the court also put a seal on lockers / properties of owned by  married sisters/ brothers of the husband ??  what are suggestions / advices for the husband to safeguards his wealth ?? what all other things can the court order ?

  No such thing, it is imaginary.

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