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sanjeev pawar (service)     26 August 2012

In rcr cases by wife, is husbands property attached

Dear members.

sorry to create a new thread, just forgot to mention this question in my earlier thread, after submitting it, what is the consequence if the husband does not attend the rcr proceedings, or not willing to keep the wife even after rcr decree in favour of wife,

can my property be attached?

my flat is owned jointly by me and my brother, can this property be attached by the court. kindly enlighten me on this aspect as weill

Thanks........



Learning

 6 Replies

Sanjeev (Lawyer)     26 August 2012

there is nothing to with your property in RCR proceedings no attachment is possible

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 August 2012

I differ with Sanjeev's advise above. If an RCR decree goes uncomplied against you, as per provisions of Or.21 Rule 32/33 of the Code of Civil Procedure, 1908 - your property can be attached, in this case your share in the property, your salary can also be attached.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 August 2012

I differ with what Mr.Sanjeev has said above, if the RCR decree goes uncomplied with, it can be executed by attaching your share in the property, and later sold if decree remains uncomplied with - your salary may also be attached and paid as maintenance to your wife.

Adv. Bharat Chugh

Never Give Up (Fighter)     26 August 2012

@Bharatji,

 

Do we have any judgement which mentions attachment of property as RCR was not complied ??

Ranee....... (NA)     26 August 2012

Originally posted by : Adv. Bharat Chugh

I differ with what Mr.Sanjeev has said above, if the RCR decree goes uncomplied with, it can be executed by attaching your share in the property, and later sold if decree remains uncomplied with - your salary may also be attached and paid as maintenance to your wife.

Adv. Bharat Chugh

but why?How RCr is related with maintenance?

sanjeev pawar (service)     27 August 2012

@adv bharat chugh............thanking you for your kind response sir, but i would like to ask you,

how can the court attach my share in the one bedroom flat jointly owned be me and my brother, the flat is on loan which is paid by my brother and me.

if the property is attached anyway, does this give a residential right to the wife under RCR

how can the court dipose off only 50% of the flat?

if i agree to pay the monthly maintenence to wife, will then my flat be spared.

Thanking you and awaiting your kind reply


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