Husband alienated his prop. in Maintenance case in MP arguments stage

Question

Husband alienated his prop. in Maintenance case in MP arguments stage

11-Jan-2026 (In Divorce Law)

Divorce case filed by Husband, MC case filed by wife. Wife listed property details of husband and relevant documents while filing MC case. The same property has been sold by the Husband 3 weeks back and now he is claiming he is poor and he cant give anything. Supressing the facts. Land value 30 Lakh to 60 Lakhs. 1. What are the immediate and possible steps wife needs to take now to reduce the damage? 2.Presently the cases are going on in district court, where the next steps to be taken HC?

Answers (1)

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Advocate Pavani Kumari LawRato · Accepted Answer · 2026-01-11T22:35:01+05:30

Answer #1

If the husband sold the property after MC/divorce proceedings started, and now claims he is “poor”, it amounts to suppression of material facts and a deliberate attempt to defeat maintenance. Immediate steps for wife: File an additional affidavit / petition in MC case disclosing the sale and seek enhancement/interim maintenance based on true income/asset value. Produce sale deed/EC and request the court to draw adverse inference against husband for concealment. File for injunction / restraint order against further disposal of assets and seek direction to disclose assets & bank statements (Form-16/ITR). If needed, file separate civil proceedings to challenge the transfer as fraudulent/voidable if done to defeat wife’s lawful claims. HC stage: High Court is approached only for revision/appeal/writ against illegal orders. First, complete effective relief in District Court/Family Court by filing the above applications urgently.

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