Can the Complainant ( my wife ) ask the court to confiscate my property in DV act
My wife has put a false DV act, dowry and maintenance case ( all combined in one ) on me and my parents. And has taken a stay on the only property that me and my parents ( R. No. 2 & 3 ) are living in. She is earning handsomely and has already given the affidavit of the same.
Last court order was in April 2016, where the court ordered me to pay the child's school fees "there onwards ". Which I did for 1 year ( till May '17 ) . After which she has put the boy in a school where the fees is exorbitant, 3 times of the earlier school's fees ( since June' 17 ), paying which is completely beyond my capacity since I have turned hand to mouth in this while and I have severely ill parents ( both of them have unusual old age degenerative disorders ) So, I didn't pay the new fees for 6 months ( the arguments couldn't be held on the previous date since the counsel of the complainant appeared at 10 AM, whereas the hearing/ arguments were scheduled at 2 PM and misguided the court that none from the respondents side is present, hence he should be directed to comply by the previous order, me and my counsel appeared at the stipulated time, 2 PM only to hear about the "direction" passed in our absence, our presence however was noted by the judge ) Now, at the date after 6 months, he has filed and application of execution in the court to jail me and sell my property to pay the child's school fees.
Questions are:
1. Had the arguments taken place on that date, court couldn't have asked me to comply by the previous order- Who could come under the ambit of misguiding the court ? The Complainant's lawyer or the Judge herself ?
2. Can the court Jail me ( No offense has ever been made from my side barring these 6 months fees) ?
3. Or heavily Fine me ?
4. And since all the valid documents are already presenting a sorry figure, can the court confiscate my property to pay the Complainant's unsuitable demands ( now or at any time in future )?
* The property was gifted to me my by father ( before wedding ) as he was going unfit neurologically day by day. This property was bought by selling my grandmother's property .... It's not hard earned by him too.... and I have a Sister ( married ) too to share it with ( as per the understanding btwn me, my father and my sister )
Asked 6 years ago in Family Law
Religion: Hindu
* Since this is the first very default only..... Can't we expect the court not to take "that severe" a punishment ( like putting me in jail or attaching my property worth a Cr for not paying a Lakh ? )
* Can we not expect the court just to reprimand me or fine me and give me some time to pay up all the dues ?
* All the documents showing me in debt and the overshooting expenses towards meeting everyday medical and psychological and physical requirements of my parents suffering from terrible degenerative disorders ..... Will this not be considered at all ?
* I understand that it was a shortcoming on my lawyer's part that he didn't file a plea to "cap" the expenditure being made on the studies of the child per month..... But does this open-ended order would mean, tomorrow she can put the child in a school where the monthly fees could be 10 times even ?
*** What should be the grounds for contesting the upcoming argument which is slated for next month for the Execution of the previous Court order ( cuz I didn't "dishonor" the court's order in the entirety, knowing I was paying the initial school's fees in continuation, and did that for at least an year )
Asked 6 years ago