Procedure to claim share in husband's property after maintenance case.
06-Feb-2023 (In Divorce Law)
Hi. I have filed a case for maintenance against my husband of 33 yrs. i am currently residing in our house that is under his name whereas he walked out 6 years ago. I wanted to know if i have any right over the house should he decide to sell it off or if i can prevent him from selling the house. I am a sikh
You can file a Complaint under Domestic Violence act in which u can also apply for stay against selling of his property. Alternatively u can also file civil suit for permanent injunction i.e just applying for stay against selling. For details u have to meet me.
Sikhs are also governed by Hindu law. As per Hindu Marriage Act u as well as dependant children are entitled for maintenance depending upon ur earning capacity and income. As regard right to matrimonial house, u can seek protection orders and also stay on sale
You can approach the court under domestic violence act and can take interim orders against the transfer of the said share hold house and on the basis of your complaint the hobble court can pass an order against your husband to not to sell alienate the said house etc,
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