How Can I Get Stay In Selling Of Materimonial Home

816 votes

Hi there, you have to file an Interim Application, for restraining him from creating third party interest in the house. Further, if you have evidence available of the sale you should put it before court to show his malice. It's advisable to contact me and provide more details regarding your case to formulate a proper strategy for you.

Advocate Ishan Parashar LawRato

705 votes

when was the decision made for your case? because matrimonial residence right is the fundamental right. Based on the decision of the court you can file a suit for stay on sale of the matrimonial residence. however it has to be in the name of your husband and not in laws because then you are not entitled for such a stay and the application will be rejwcted

LawRato LawRato

743 votes

Since you already have a case pending under the Domestic Violence Act, the law provides you with effective remedies to prevent the sale of the house and to protect your right of residence, but immediate procedural steps are necessary. Under Section 17 of the Protection of Women from Domestic Violence Act, you have a statutory right to reside in the shared household, irrespective of whether the property is owned by your husband, his relatives, or jointly held. This right exists even if you have been living separately for several years, as long as the matrimonial relationship is admitted and the property qualifies as a shared household. You should immediately move an application under Section 19 of the Domestic Violence Act before the same Magistrate where your case is pending, specifically seeking a residence order and a restraint on the respondent from selling, transferring, alienating, or creating any third-party interest in the house. Along with this, you should file an interim application seeking an urgent stay on the sale of the property until final disposal of the case. Courts routinely grant interim protection where there is a genuine and immediate threat of alienation. If the risk of sale is imminent, you may also file a separate civil suit seeking a temporary and permanent injunction to restrain the sale of the property. The pendency of the Domestic Violence proceedings strengthens your case before the civil court, as your right of residence is already under judicial consideration. The fact that you have been living separately for a long period does not, by itself, extinguish your right of residence. Delay is not an absolute bar, particularly when the Domestic Violence case has been pending since 2016. However, it is important that your application explains why residence relief could not be effectively enforced earlier and highlights that the threat of sale is a recent development that would irreversibly prejudice your statutory rights. If the property is sold despite the pendency of your case and despite restraint applications, such a sale can be challenged as voidable, and the purchaser can be bound by the outcome of the proceedings once notice of your claim is established. In essence, you are legally entitled to seek a stay on the sale, and the appropriate course is to urgently pursue a residence order and interim restraint under the Domestic Violence Act, with a civil injunction as an additional safeguard, before the sale is concluded.

Advocate Yuganshu Sharma LawRato

524 votes

hello ma'am you can file a separate suit to stay in a matrimonial house. after that you can file to get your right in the matrimonial house. After that you can also file a maintenance for your father in law if he has and after that if father in law are not there then you can file maintenance against husband

Advocate Sakshi Mishra LawRato

709 votes

Apply for an Interim Stay / Restraining Order Under the DV Act, you can seek: • Section 17 – Right to reside in the shared household • Section 19 – Residence Order • Section 23 – Interim and ex-parte orders You should immediately file an Interim Application under Section 23 before the same Magistrate court where your DV case is pending and request:

Advocate Hemant Kumar Gupta LawRato