Dear Sir,
I had filed for divorce in Oct 2008 which is still pending. 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 went 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.
Additionally 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 which is in progress and one of her prayer is right to residence under section 19, praying for allowing her to stay in the property in my name even though she herself has accepted that she along with me have never stayed there even for a single day and at present the property is rented out.
The civil suit seeking for permanent injunction has got dismissed by the civil court recently 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 in the shared household in the suit schedule property."
With the civil suit seeking for permanent injunction dismissed stating that no order pertaining to right to residence has been submitted before this court , 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/interim relief granted in the Domestic Violence case.
Request your help and advice.
