1. You can file a civil suit to set aside the transfer since it was made to avoid the maintenance payments,
I have filed 498a and DV case in June but my husband has gifted his property to his mother after 498a and DV case to avoid maintenance. What shall I do now
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Should I file a case in family court to get a stay on that gift deed? Or what legal action can I take
1. You can file a civil suit to set aside the transfer since it was made to avoid the maintenance payments,
1. IF such property was self-acquired by Husband and further such property reflects in his Income Tax returns, THEN Husband is entitled to Sell /Transfer /Gift /Donate /Lease /whatever without any legal reference to anybody, PROVIDED there is no court stay or directives on it.
2. However, you can still file claim (being his legally wedded wife, at time of Gift), the husband's property for your self-sustenance by taking a plea that such transfer was done to circumvent giving maintenance and that it was done within two years of filing your claims.
The gift deed once made even after filing your DV case can not be seti aside or stayed, more so, if in the DV case there is no restraint order passed by the court.
Do note that wife has no share in the property of husband and even if he has gifted the property your right for alternative accommodation has not extinguished and the court can always passed order for rent along with monthly maintenance.
If there is no stay order passed by court husband can execute gift deed in favour of mother
2) you can seek alternative accommodation, maintenance and compensation for mental torture undergone by you in DV case
Kindly clarify whether inDV case you had sought an injunction restraining husband from creating third party rights on the property standing in his name
Till your husband is alive you can't apply or claim on his property only alimony for per month maintenance can be asked.
You can ask maintenance.from your husband , fact of transfer of property can be brought before the court. Though you have no right of property but you can demand maintenance.
See you can file an application to stay the transfer though same can be rejected as you have no right though if you contend that husband may avoid maintenance after transfer as he has no other asset court may grant some relief.
You cannot do anything about it.
He is the owner of the proeprty and he has full rights to dispose the property in any manner he may feel so.
The house property is not taken into consideration for deciding the maintenance amount.
You have to prove his income form all the sources including salary to claim maintenance.
The 498a case has nothing to do with the sale or transfer of his immovable property, similarly the transfer of his property cannot make any impact to the ongoing DV case also.
No such case is maintainable
If he has already transferred the property to anyone by a registered gift deed, you cannot do anything about it because since it is his own property he has full rights to dispose it in any manner especially when there is no restrain order by any court on that issue.
Your proposed case may not be maintainable nor it would fetch any fruitful result.
Under DV act, you should have prayed court to direct your husband not to alienate his property in any manner. Well, there is no impact on granting maintenance.
Court will take his act adversely and grant you maintenance and rent. Gift is complete,now no stay neither required.
If there is no stay and property is self acquired by your husband then gift deed is valid and you cannot file for set aside.
You can file maintenance and residential stay in the house of your husband separetley and for the maintenance of your kid as well.
Once property transferred through gift deed. Your appeal is not maintainable. You can claim only maintenance and other reliefs.
1. You should file a suit for cancellation of gift deed on ground that transfer of property was done to evade your maintenance.
2. The suit should be filed in Civil court.
Dear Madam,
You have to do many things and firstly file a family case claiming maintenance and get create a charge over such transferred property. On record the intention of your husband is to avoid to pay your monthly maintenance and alimony by transferring such property so on that ground you may get cancel the recently registered Gift Deed and also create a charge through Court on such property. Further you are advised to file 125 Cr.P.C case claiming maintenance immediately effective provision to get maintenance rather than DV case. In the meanwhile approach the police and to see that 498A case is strengthened and charge sheet is filed immediately or atleast get arrest your husband.
He may have gifted the property but he is still earning. He will give you maintenance from his salary.
That gift deed cannot be challenged. What you can do is demand maintenance and alimony commensurate with his financial status.