What was the order of court ?
Any stay/status quo order not to alienate property ?
If yes than file contempt.
During maintenance petition, can husband sell properties attached to the petition
HEllo sir, I had ex-parte against my maintainance petition. that time I has submitted land 7/12 paper as property details in jan-2018.I got decison for my petition dated 23 mar. But currently I come to know that those property I submitted to my petiotion those property sold by my Husband on 19 Mar. 2018. I can take any legal against his this act . Or what option have left to me?
Asked 7 years ago in Family Law
Religion: Hindu
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11 Answers
Q - What was the order of court ? --> Court only granted me 6000 rs monthly maintenance. Q Any stay/status quo order not to alienate property ? --> No I havent took any stay , I was not having that idea I should I applied for stay. what options left to me onwards.
Asked 7 years ago
If there is no stay order passed by court husband is at liberty to sell the land owned by him
You can take out execution proceedings against your husband to recover maintenance amounts awarded by court
Now what will do, property already sold,
You can now apply for enhancement of maintenance.
To advise u precisely, more details will required.
Income of husband ?
Wife is entitle to at least 25 of gross salary of husband and entitle to maintain her life same way she was while with husband.
1. Well, I am not sure why you have focused on the issue of his immovable property as the same is never a consideration for the court while fixing quantum of maintenance.
2 Wife has no share in the property of husband though she has right of residence under PWDV Act in the house owned by her husband.
3/ So whether he has sold or not this property is not going to alter the merit of your case.
4 if you have filed a case under PWDV Act then you can seek restraint order on future alienation of his properties.
If the properties were attached by the order of.court or there was a stay on same then in that case you can file for contempt petition.
But in case you attached property documents as proof then in that case he can legally sale them
See after your answers since there was no stay and the order was only of maintenance so no action can be taken .
Hello,
For what purpose the property documents were submitted by the husband
if there was no stay then he could not have sold the property.
You file an execution application for the said maintenance order and ask the court to direct him to make you the payment failing which he shall be send to the court or some other property/ salary be attached.
regards
If your husband doesn't pay Rs. 6000 monthly maintenance, only then can you proceed against him. If he pays you the maintenance amount, then you don't have any option.
But since the property it is on record, you can ask the court to consider it while deciding on the final alimony.
Until there is any order of an injunction or stay order by court to sell the property, there would be illegality in selling the property. By submitting7/12 papers alone you cannot claim rights over the property.
You cannot claim maintenance but you can file collection petition for executing the decree.