Legal Question in Civil Rights Law in India

Dear Sir

I have got stay on maintenance on charge in District court on some plots of land of our ancestoral property against my husband. But since the last 2 years my husband has not appeared in this case but i am sure that he is aware of this court order .My husband has been restricted to sale or transfer the property to any other person.

Despite of this my husband has sold one plot of land which comes under the above order recently . Immediately i filed the sale deed cancellation suit inthe junior division court and asked the relief that the construction on this plot should be stopped because there is already stay on it ( Maintainance on charge).

Junior Division Honourable Judge has argued that as per 2007 ruling of supreme court i have so seek stay in the above court which has sanctioned the maintenance on charge order. I have also filed the cancellation in this junior division court where as my maintenacen on charge has been granted by District Court.

I have also informed the above court ( which has passed the maintenace on charge )about the disobedince done by by husband but the court has put only the next date of March'2013.My lawyer has also asked to make party to be purchasers in this case inthe District Court.

I just wanted to ask wheather my cancellation of the sale deed is a valid suit or not,wheather i have right to file the cancellation suit for the above plot or not.

Please suggest what else should i do to protect my interest.


Asked on 1/21/13, 4:24 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.01.2013

Dear Madam, (Ghazipur, Uttar Pradesh)

Repeat post ... already answered earlier.

Answered again for more brevity, and information of all readers -

Since the Court has ruled your entitlement to monthly maintainence charges, in my view, your husband is only liable to honour the Court order and abide by it.

Many a times, it so happens that a woman first initiates divorce proceedings on some pretext, and thereafter conveniently stakes a claim on the husband's entire ancestral property.

Your plea for cancellation of the sale deed is invalid.

Regards,

FCA Prashant Chavan

Mumbai

(I am available for any on-line advice sought by readers at [email protected])

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Answered on 1/21/13, 7:58 am


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