xpressjunction (Site engineer) 21 May 2013

Right to reside in dv act and impact on selfearned property

Dear Sir,

I had filed for divorce in Oct 2008. My wife was awarded maintenance of Rs. 8000 for the minor child and I have been paying promptly with no arrears as on date.
She want for enhancement of Maintenance to Rs.25000 and it was dismissed by Madras High court citing she was employed in the same designation as the defendant and has equal responsibility to maintain the child.

Meanwhile my wife in 2010, filed for civil suit seeking for permanent injunction of the property in my name. The court granted temporary injunction till the completion of the suit.

Additionally, my wife filed for Domestic violence in 2010 and one of her prayer is right to residence under section 19, praying for allowing her to stay in the property on my name even though she herself has accepted that she along with me have not stayed there even for a single day and atpresent it is rented out.

Given the circumstances, the civil suit seeking for permanent injunction has got dismissed by the civil court with the order stating that "demand for blanket order of injunction is unwarranted and uncalled for. Also there is no order produced before this court in respect of sharing of accomodation in other words enforcement of right to reside int he shared household in the suit schedule property."

WIth the civil suit seeking for permanent injunction dismissed, Can i do a settlement deed of the property in favour of my mother when the Domestic Violence case is still pending?

There is no injunction granted in the Domestic Violence case.

Request your help and advice.

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6 Replies

(Guest)

Originally posted by : xpressjunction

Provided you both have stayed there, and if it is self earned property of you/your parents, she cannot enter that premises. If you check there will be a prayer under Section 23 too. Which means she can get ex-parte orders of residence for which she has prayed under section 19. That means that, judge can pass an order without listening to your side of the story, and disobeying of such ex-parte order will attract warrant and later on NBW depending on the circumstance.

Now as you have told that its a self earned property of yours, she at the most can get a monetary relief under section 19, that too only if an act of domestic violence has occured, only then she can be granted relief or else no relief.

Given the circumstances, the civil suit seeking for permanent injunction has got dismissed by the civil court with the order stating that "demand for blanket order of injunction is unwarranted and uncalled for. Also there is no order produced before this court in respect of sharing of accomodation in other words enforcement of right to reside int he shared household in the suit schedule property."

WIth the civil suit seeking for permanent injunction dismissed, Can i do a settlement deed of the property in favour of my mother when the Domestic Violence case is still pending?

There is no injunction granted in the Domestic Violence case.

Request your help and advice.

(Guest)

@Querist,

Few questions before I could answer your query.

1.Did you get divorce?

2.In yes,Year?

Now,on the question executing deed in favor of your mother,I would just say 'Wait' till all disputes settles down because if such matter is disclosed before the court,the court can have apprehension of malafide intention on your part.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

xpressjunction (Site engineer) 22 May 2013

Dear Sir,

Thanks a lot for your advice.

The civil suit is dismissed with order stating "With the defendant being the purchaser of the property from his own earnings during his life time, the plaintiffs cannot have any right to succeed and in such circumstances the grant of permanent injunction from alinating the suit property or deal with it in any other manner will cause much prejudice to the defendant. The suit framed is not proper and balance of convenience lies with the defendant only. "

Will settling the property in my mother's name create problems in the Domestic Violence case?

Please advice

(Guest)

Originally posted by : xpressjunction
	Dear Sir, Thanks a lot for your advice. The civil suit is dismissed with order stating "With the defendant being the purchaser of the property from his own earnings during his life time, the plaintiffs cannot have any right to succeed and in such circumstances the grant of permanent injunction from alinating the suit property or deal with it in any other manner will cause much prejudice to the defendant. The suit framed is not proper and balance of convenience lies with the defendant only. " With the civil court order, Can i go ahead and do a settlement deed in my mother's name even when the Domestic violence case is still pending? There is no interim order in the DV case. Further the plaintiff is employed and getting HRA and other perks as accepted by her during the cross examination. Will settling the property in my mother's name create problems in the Domestic Violence case? Please advice

What on earth are you waiting for???

xpressjunction (Site engineer) 22 May 2013

Sir, my doubts are regarding the Domestic violence case which is in cross examination stage.

With the civil court order, Can i go ahead and do a settlement deed in my mother's name even when the Domestic violence case is still pending? There is no interim order in the DV case. Further the plaintiff is employed and getting HRA and other perks as admitted by her during the cross examination.

Will settling the property in my mother's name create problems in the Domestic Violence case?

I have taken housing loan from bank, outstanding 19 lakhs which I have shown as my liability in various courts. I am planning to get money from friends, relatives to close the loan, obtain No objection certificate (NOC) from Bank and do a settlement deed in my mother's name. Will closing the loan be a disadvantage and denote malafide intentions in the domestic violence case?

Is there any other way to protect my self earned property purchased before marriage?

Wanted to make a decision on the property before the court opens after vacation and before she goes for appeal.

(Guest)

Originally posted by : xpressjunction
	Sir, my doubts are regarding the Domestic violence case which is in cross examination stage. With the civil court order, Can i go ahead and do a settlement deed in my mother's name even when the Domestic violence case is still pending? There is no interim order in the DV case. Further the plaintiff is employed and getting HRA and other perks as admitted by her during the cross examination. Will settling the property in my mother's name create problems in the Domestic Violence case? I have taken housing loan from bank, outstanding 19 lakhs which I have shown as my liability in various courts. I am planning to get money from friends, relatives to close the loan, obtain No objection certificate (NOC) from Bank and do a settlement deed in my mother's name. Will closing the loan be a disadvantage and denote malafide intentions in the domestic violence case? Is there any other way to protect my self earned property purchased before marriage? Wanted to make a decision on the property before the court opens after vacation and before she goes for appeal.

Under DV act, u/s 18, 19, 23 etc..she can claim maintenance if you have abandonded her provided if she does not have any source of income. She can ask for residence/or claim rent.. that too when? Only if domestic violence has taken place and only if such is proved.

And your lovely can go for appeal only if an act of domestic violence has taken place, there too if there is no proof of domestic violence, her appeal will be dismissed..

Transfer it to your mom, but dont do tom tom about it everywhere.