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Husband trying to sell his property while case of maintenance going on
08-Dec-2023 (In Family Law)
Hi, I was wedded under Hindu law being Hindu. I am separated from my husband since 2009, a case under section 125 is going on for maintenance. I have already submitted his property details with proofs. I have come to know that he is trying to sell his property now. Can he sell his property while this case is going on? If yes, can I ask seek stay on this by putting application in my existing case of sec 125. Or if any other suggestion, pls advice.
The relief which is being sought can be sought under domestic violence act and not under section 125CrPC. But for that also the property should be singly owned and not under joint ownership.under domestic violence act, court can pass restraint orders if it the court is satisfied that property is being disposed off /sold in order to avoid payment of maintainence
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Adv. Dr.Nirmal Chopra
Delhi | 25+ Answers
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As explained a case under section 125 for maintenance is already going on before the Court. Also that you have submitted the property related documents in the Court. The husband is trying to sell off the property, in this situation you may approach the court with an appropriate application praying the stay on sale of the property. However it is always advisable to have a detailed discussion of the case and give legal opinion. Thanks & Regards.
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Adv. Megha Kain
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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