Seek injunction restraining husband from selling his property
I had a legal divorce in dubai and filed case was lodged in India over the money he has taken from me. Advocate has filed in court in the understanding to have my share in husbands property until he return the money back. Right now he is selling the property and my advocate says my ex has not responded to letters send from court until now . Advocate says vakalat not yet received by my ex. What’s the scenario now .
If the cause of action had taken place in India then you can file a money recovery suit in India and also can seek attachment of his property which is called as 'ATTACHMENT BEFORE JUDGMENT'.
But it seems that he had taken your money or borrowed the same at Dubai and not in India hence your suit for recovery of money may not be maintainable in India.
You first of all ascertain that which place that he took your money, if it was in India, then you send the summons to his Indian address, and also obtain an order of exparte temporary injunction against him restraining him from selling/alienating/transferring or encumbering the property in any manner till disposal of suit and can seek attachment of the same towards security for your money.
If he is not available in India to receive the summons then you can request the court to permit you to publish the summons through newspaper and get an exparte order so that you can stop him from selling the property.
Money was taken from Dubai and Dubai court issued the verdict with divorce to close the case in India if he pay the amount fully mentioned in it.
Since your ex husband is refusing to repay the loan you should create road blocks in his sake of property
seek injunction restraining sale of property
If the money was taken by him in Dubai, you cannot recover the same in India because as the cause of action had not talent place in India, the Indian courts may not entertain any such suit if the cause of action has not arose within the territorial jurisdiction of the court concerned.
- You should know that , a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in foreign Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- If, the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by foreign Court will not be applicable in India.
- Further , if had paid him money online mode , then you can recover the amount from him after filing a recovery suit before the India Court.
- Further , if your lawyer has given the correct address , then he can give an Affidavit before the court to pass ex-parte decree of money , and further the court will issue attachment and arrest warrant against him.
File a suit for recovery of money in India and in the suit get all his immovable properties attached so that he cannot sell it. Such order for attachment of property is given immediately after filing suit.
1. Ask your husband to file an application under order 39 rule 1 & 2 praying for an injunction order restraining your ex-husband from selling the said property till the case filed by you against him is disposed of.
2. It has to be done urgently before he sells of his said property.
Dear client,
Based on the information you've provided, it seems that your ex-husband has not yet responded to the court regarding the case filed against him for the money he owes you. Since he has not responded, the court may proceed with the case in his absence and make a decision based on the evidence and arguments presented by your advocate.
Regarding the property your ex-husband is selling, your advocate may be able to obtain a stay order from the court to prevent the sale until the matter is resolved. It's important to discuss this with your advocate and provide them with any additional information or evidence that may be relevant to the case.
As for the status of the vakalat (power of attorney) not being received by your ex-husband, this could potentially delay the proceedings. It's important to ensure that all necessary documents and communication are properly filed and delivered to all parties involved in the case.
Regarding the interest on delayed payment, this would depend on the specific laws and regulations in your jurisdiction. It's best to discuss this with your advocate and they can advise you on the options available to you.
Overall, it's important to stay in communication with your advocate and provide them with any relevant information or updates. They can advise you on the best course of action based on the specific details of your case.