My husband has not paid interim court has issued an attestation
My husband has not paid me my dues from interim announcement ,now the court has announced attestation against property ,i want to know how to procure one time settlement as he and his family are not ready to give me anything plus my mother in law owns the property and i have one son of 8 years old suffering from diabetes, my in laws are well off so they recently settled my husband's loan upto tune of 12 lakhs by liquidating her bank shares , i do agree my estranged husband does not owe anything as owner ,but i want my loss to recover as i was cheated in my life showing he was well settle human ,which was not the case what about my loss and what procedure is their by which i can get my loss recovered quickly and divorced my husband?
Asked 1 year ago in Family Law from Pune, Maharashtra
If the court has attached his property creating charge over it for the purpose of security, you may move court to auction of property to recover the amount.
If your husband does not owns a property then it will be difficult to recover the amount through property attachment.
If he is employed then salary attachment through garnishee can be moved.,
If he is still not paying the amount then he can be arrested and put behind bars.
1) court must have passed order for attachment of husband property .
2) property can be sold if inspite of attachment order husband does not pay
3) you have no right on property owned by your mother in law
4) you can file for divorce on grounds of mental cruelty . if husband does not contest you can get divorce in period of one year
One time settlement is possible only if both parties agree for which you have to negotiate with him.
Else carry on your maintenance case . The arrears maintenance will have to be paid by your husband otherwise warrant of arrest will be issued.
File case under PWDV Act if it has not been filed already.
When your husband ha snot obeyed the court order for maintenance, which has now led to the attaching of his property, it seems very unlikely that he will come for a one time settlement. Be that as it may, if he agrees to one time settlement then it can surely be done. The only remedy you have to recover your loss is by filing a suit for recovery, but you will have to prove that you were cheated and incurred loss as a corollary thereto.
You can only attach the property owned by husband.In laws properties are not comes under enforceability of debt. You may file Rule 37 notice against husband for getting arrears of maintenance amount. If you get an arrest warenmt from court ,may possible to settle the inlaws if they are more attached and lovable to your husband and paying his debts
Hi, Paying the amount in one settlement is left to the discretionary of the husband.
2. If your husband has not pay the maintenance amount then court has order for attachment of the property, you have no option attach the property and execute the order of the court and recover the amount.
if there is no property in the name of your husband then the court may issue a arrest warrant and send him to jail until and unless he pay the arrears of your maintenance as per the order passed by the court.
immediately file a divorce case against him before family court based on cruelty as per section 13(1)(ia) of Hindu Marriage Act-1955
Feel Free to Call
Advocate, New Delhi
Only property in his name will get attached inorder to pay your dues and not your in-laws. You will have to prove that he is well settled and financially strong if not then it would be very difficult for you to recover dues.
Even if you file for divorce you can claim maintence and alimony so in this way you can recover your loses.