Maintenance issue for my child
05-Mar-2025 (In Family Law)
Conditional warrants issued against respondent/JD received back with
the report of refusal.
HC Anil Kumar vide his separately recorded statement has stated that he had gone at the given address on 12.02.2025 and met the mother of respondent who informed him that she has disinherited Sachin and even a notice to that effect was published in the newspaper, so, her parents reported that they have nothing to do with respondent/JD Sachin.
Petitioner/DH has moved an application for attachment of house
What is the matter and is it on excution stage?
Yes, The petitioner took the right step by getting the JD property attached in the order.
Now if it will be an immovable property, the respected court will auction it and then the money comes out of the action will be awarded to the Decree holder.
But the court has to order for an auction to be conducted by appointing local commissioner or through District collector.
The appropriate course of action would be to file for attachment of the house. However, if your mother-in-law has disinherited your husband from the property, the Court will need to assess the title of the property before any attachment of the immovable asset can occur. For the attachment to be approved, the property must be legally owned by your husband, rather than his parents or siblings.
In the meantime, it is advisable to search for other assets in your husband's name, such as bank accounts, employment records, or any additional properties, in the event that the Court does not permit the attachment of the house.
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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