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Keerthi Cherukuri   04 June 2024

Purpose of caveat

Hi,
I have contested for divorce in court on grounds of cruelty in 2021 and my divorce petition is allowed and the divorce decree has been given this week..
Before the divorce order is given, my ex-husband filed a case against me for property division..I will have to fight against it.

I was told that he would appeal in high court against the divorce order. My lawyer suggested me to file a Caveat so that I will be informed before he proceeds for an appeal in high court..

My query is what exactly does a caveat do?? Given my situation, do I have to file a caveat in the highcourt? Does filing a caveat help me in anyway?


Learning

 14 Replies

T. Kalaiselvan, Advocate (Advocate)     05 June 2024

Filing a caveat petition will prevent court to pass exparte stay order against operation or execution of divorce decree 

1 Like

Dr. J C Vashista (Advocate )     05 June 2024

You will be heard in the proceedings by the (higher) Court, if any filed within 6 months of filing a caveat petition. 

1 Like

Keerthi Cherukuri   05 June 2024

Sir, he already filed a case against me in the district court to divide the properties (property suite) along with dissolution of marriage..this was before the divorce decree was given..

Now since the divorce petition is accepted and decree passed by the court, can he appeal in the high court?? Since he himself filed a case for dissolution of marriage n property division 

I am getting confused becoz few lawyers are suggesting to file a caveat and few said no need..high court might give a stay order even if we file a caveat

vasantharao venkatarao (Independent professional )     05 June 2024

Caveat will put you to notice in case any proceedings are filed in the court. It protects you from passing any interim orders without notice being issued to you. This in brief is the purpose of the caveat.

1 Like

T. Kalaiselvan, Advocate (Advocate)     05 June 2024

A caveat petition is a legal document that serves as a preventive measure in legal proceedings. It plays a crucial role in protecting the interests of individuals or entities by ensuring that no order or judgment is passed without providing notice to the caveator.

Since you have filed the divorce case along with the so called property division, and if there was no  order for the division of property  in the divorce deceee and judgment, then he thought that you may prefer an appeal before high court in the matter related to the property division and perhaps you may try to get an expartestay order against him from alienating the property.

Therefore as a precautionary measure he has filed the caveat petition.

Whatever, you may discuss with your own advocate elaborately on all such further issues for getting clarity

Keerthi Cherukuri   05 June 2024

Sir..I filed only for divorce..no MC..just divorce..becoz I am employed and a property holder(given by my parents) he is unemployed and doesn't own any property.. he filed for property division..he claims that he purchased all those properties on my name, but he has no proofs for that since he didn't do a job or earn any money..he was depending on me n my parents...just to drag me to the court he filed the property division suit, becoz he knew that divorce decree was inevitable since his cruelty has been proved in the court....Divorce has been granted, and property suit is in notice status..

He did not file any caveat..I am confused if I have to file a caveat or not, becoz he might go for the high court to appeal against the divorce decree..

T. Kalaiselvan, Advocate (Advocate)     05 June 2024

Nothing prevented you from furnishing the proper details in the earlier post itself. 

After getting misleading opinions you are coming out with the factual background of the case. 

Well,  if you don't want to file a caveat petition,  it is up to,  there will be no harm caused to you even if he files an appeal against the divorce judgment. 

Since property suit is just at filing status. just ignore the subject called Caveat and be free 

1 Like

Dr. J C Vashista (Advocate )     06 June 2024

You have mixed up two different subjects of divorce and partition of property, both of them are adjudicated by different Courts (as per jurisdiction) whereas they are not correlated in any manner.

Subsequently you have stated that .......he is unemployed and do not own any property..... 

This is another case / subject to be adjudicated with main case (may be for the purpose of fixation of maintenance as I can presume, is it so) ???

Vague and confusing facts.

1 Like

Keerthi Cherukuri   06 June 2024

Sir..sorry for the confusion..but in my first post itself I mentioned that I filed for divorce and he filed for property suit.  My divorce is granted..child is with me..

I did not file for any maintainence since I have a job and properties (given by my father) .my ex-husband is not doing any job and hence to extract money from me he filed a property suit stating that all the properties on my name were purchased by him n given to me for which he has no proofs..

P. Venu (Advocate)     06 June 2024

Both the cases are different and needs to be met on their own merits. 

As to the division of property, a spouse has no claim of the property exclusively  belonging to the other spouse.

There is no substantial  purpose served by filing the caveat given the efforts and the investment required. As there is no element of maitenance involved, there could be no stay which could adversely. Yes, he has the option to file the appeal and you will receive the Notice, once the Appeal is admitted. Moreover, you can keep watch over the filing of appeal through the e-Court.

1 Like

T. Kalaiselvan, Advocate (Advocate)     07 June 2024

The properties on your name shall be your own and absolute property, he cannot claim any rights in it.

Any case he may try to file in this connection will not be maintainable.

Since the divorce case has been decided in your favor, you do not have to be worried about it neither there is any need for you to file  caveat petition because there is no purpose solved by filing a cavet petition anticipating his appeal.

If he is filing the appeal, you can challenge the same properly after receiving the notice from the appellate court

1 Like

Keerthi Cherukuri   07 June 2024

Thanku so much everyone for the replies..will not go ahead with the caveat.

T. Kalaiselvan, Advocate (Advocate)     07 June 2024

You are right in your understanding that the advise to file caveat petition is not a proper advice 

1 Like

Dr. J C Vashista (Advocate )     08 June 2024

I fully agree with learned senior expert Mr. T Kalaiselvan, you need not file any caveat for the apprehension of appeal being filed by your ex challanging  order of divorce petition stated to have been in your favour. 

1 Like

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