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Arjun Gupti (Business)     24 December 2012

Husband's property - 498a / maintenance / domestic violence

I would like to know the consequence of having a property (residential / commercial) in the name of husband if he is facing (or about to face) any of the following cases?

  1. 498A
  2. Maintenance / Interim-maintenance
  3. Domestic violence

My question is - should a husband sell or transfer his immovable property if he feels that any of the above mentioned cases is about to be filed against him? Can a wife get any advantage in any of the 3 cases mentioned above if she knows that her husband has a immovable property? Please provide a detailed reply. Thank you.



Learning

 8 Replies

Advocate Vishnu (Advocate)     24 December 2012

Your question is very vast to be answered on this forum.. however I will explain as much as possible.

If there is a probability of any of the cases being filed

a)the husband can transfer or sell the property on his name

b) Interim maintenance will be allowed only  during divorce proceedings.

c) The matter of property being attached will be taken up only if the husband does not pay interim maintenance or final maintenance.

The wife can request the court to attach her husband's property only when the above situation arises.Otherwise she has no legal right on her husband's property.

Arjun Gupti (Business)     24 December 2012

Actually I do have a joint property (house where we live) in name of myself and my elder brother. My friend has adviced both of us to transfer the house in the name of my father or mother else my wife (who has filed 498A on me) can ask for a room or share in it by filing domestic violence case. Can she influence the court to grant a huge interim maintenance amount because her husband has an immovable property? Please suggest if we need to transfer the property to our parents? HELP.

amitabh (abm)     25 December 2012

My wife is earning gets Rs 34000/pm she is a govt employee I am working in aprivate company geeting 19000/pm My daughter is 6 years old studying in class 1 my wife has filed case under 498a and a maintenance case and wants maintainance of Rs 10000/pm  for my daughter from me .My job is  not a permanent job it is target based if I do not achieve the company sales target the company can terminate my services.the anticipatory bail petition filed in high court for 498a has been rejected and chances are that I have to go behind bars in that case I will loose my job and I have no other source of income .Please advise me in this matter what to do should I go to supreme court for anticipatory bail or surrender and apply for regular bail at lower court ,my financial position is not very good.

Advocate Vishnu (Advocate)     26 December 2012

Only choice is to  plead before the court that your wife has sufficient means to support herself and that your earning capacity is much lower that her earning capacity.

Arjun Gupti (Business)     28 December 2012

Is there anybody on this forum who can answer my question? Thank you.

DM (MD)     13 September 2014

In DV & 498a the district court ordered the police to help her to enter the house of the husband.

Can the husband get order from court to bring her out from the house? He filed the Divoce.

AS   16 September 2014

Arjun Gupti  ---Transfer property . only option you have.

amitabh --------If high court rejected your bail , Then ensure one statement in your rejection order " That this AB is rejected , Later you can file regular bail , and decision of regular bail will be on its own merit , this AB rejection will not have any impact on regular bail....If these lines are missing in High court judgement then talk to lawyer ....Trust me its most important ....

 


 


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