• 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 4 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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10 Answers

1) Court may grant alimony for child as per your income capacity and if wife is earning you may ask court to share the fees, which is beyond your limits.

2) Court can't grant inherited property which you are living right now. You can explain court where do I go if this property is vacated !

3) Court can only distribute or shar property which is bought between she and you, not even self earned property by you till your alive.

4) court can't jail you for silly reason of amount, court will consider your side as well and tell your income or source of incomes and your monthly expenses, parents expenses etc.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

What ever is the situation you would have approached court for revision of the order of maintenance as you were giving only school fee and you agreed irrespective of school as the child is in the custody of wife.

Your advocate should have contested for the fixed amount instead of fee which could be anything depending upon the school.

For the default of payment a stay on the properties should be exercised by the court to recover the amount in default.

You may be put in jail on your own cost ( please remember on your cost means you have to pay for your jail stay) till the date of payment.

This is immaterial if the property is gifted property.

Please try to settle the outstanding and appeal for revision on merits.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The complainant Lawyer has misguided the court

2) court can attach your property as you failed to comply with court orders

3) you should file appeal against impugned order calling upon you to pay school fees of the child

4) mention reasons why you cannot comply with court orders

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

If the husband despite sufficient means is unable to maintain his wife, will be liable to penal consequences. It may be in the form of detention for non-payment of maintenance and may lead to creating a permanent charge over the property thereby disentitling the husband in alienating the property.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You can seek time to make payment . Deposit 30 per cent and offer to pay balance amount in 3 months or so

2) court would consider your parents medical expenses

3) you should request court to fix amount that is to be paid towards school fees

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1) Don't assume always ask, what is the problems and act accordingly. If she has really pleaded the alimony amount or demanded more amount for child school, which you think could be 10 times higher than now etc etc..

2) Court will check your source of income and your income net in hand. Accordingly court will grant maintenance for child. For e:g if you are earning Rs.30,000/- p.m. So she can't demand for fees per month Rs.10,000/- and plus other maintenance extra. Court dedemay grant you accordingly after deducting your expenses and parents monthly medical expenses etc.

3) Tell your lawyer to narrate all income and expenses in the court and allow maintenance accordingly. And for pending lakh of rupees as alimony , tell court you will be paying in installment and reduce maintenance according to your income.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello sir , the court cannot direct you to handover your property in name of your wife .. She only has a right to stay n her matrimonial house , but she cannot sell or claim the ownership

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

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 ?

This is a part of the trial proceedings, neither the lawyer nor the judge can be unnecessarily;y blamed for this. This is a routine procedure so you have to challenge the same through your lawyer in the open court in the next date of hearing.

2. Can the court Jail me ( No offense has ever been made from my side barring these 6 months fees) ?

It is not a joke that when the opposite lawyer asks for this relief that you be arrested if the maintenance amount not paid.

you should inform court through your lawyer your inability to pay the school fee owing to her avenging attitude of putting the kid in a very costly school, hence this default occurred.

3. Or heavily Fine me ?

No such thing can happen if you argue this matter properly before court on the merits ion your side

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 court cannot pass any order to confiscate your property on this issue.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Your fears are unnecessary, the court will not take any such sever step in this regard, but you can explain the court to convince the court the reason for this default.

You can present all the documentary evidences before court to explain your situation, the court will consider the genuine reasons

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

Nothing to bother. In a DV cases in rarest of rare cases jail will be final verdict of the Court if the respondent husband is so arrogant. If the properties are within the reach of Court then it will attach the same to bring force upon the husband to pay the arrears of maintenance but there is almost no incident wherein Court sold properties of respondent in recovery of arrears of maintenance. Be assured. Nothing will happen.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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