Legal Question in Family Law in India
I have a self acquired plot in my name. My wife has filed a DV case against me and has requested the court to restrain me selling the said plot. This was purchased by me before marriage and is purely from my income. We have never stayed in the said plot. Can the court restraing me from selling the said plot under provisions of DV act?
11 Answers from Attorneys
Yes under section 19 of the Act, the court may restrain you from selling the said plot.
the court has power to do so as the property stands in your name. Purchasing it before marriage does not make the difference in India.
the court has power to do so as the property stands in your name. Purchasing it before marriage does not make the difference in India.
the court has power to do so as the property stands in your name. Purchasing it before marriage does not make the difference in India.
yes court can do so
The court has wide powers to restrain you as you are suppose to give maintenance to your wife.
the cannot restrain you from selling the plot so you can challenge the order.
yes the court has discretion / power to restrain you from selling the plot. But it will heard you before doing so and you can defend yourself.
you may file an application for vacating the restraint order on the ground that the property was purchased well before you marriage.
in case the court can grant restrain order, the same court can also vacate it.
IF u pay maintenance amount then court cannot restrain, coz court usually restrain just to secure the maitenance amount but if u will sell the plot prior to the order then court can do nothing. you may send me your details and may be we can further help you.
Good luck
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