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Property mortgaged to the respondents friend while case in court
12-Jun-2023 (In Property Law)
This is with respect to the Domestic Violence Case on my husband (Respondent 1) and father-in-law (Respondent 2). March 4 2018: I filed domestic violence case. April 09 2018: Then filed an Interim Petition to "Not to alienate" properties. April 10 & 11: The Respondents and his lawyer refused totake notice intentionally. April 12 2018: Per Judge's orders I gave the notices through Whatsapp, Email and Registered Post to their lawyer. Emailed to the Respondent No.1 because he blocked me on whatsapp. April 13 2018: Respondent's lawyer responded that he withdrew from the case as of April 13 2018 April 19 2018: Magistrate exparte them and passed order to 'Not to Alienate'. Today I came to know that they mortgaged the property to his friend for 15lakhs (3 crores worth property). Note: Property is not in the same jurisdiction as the Domestic Violence Case. Given this, what can I do to get the mortgage cancelled? Is this contempt of court? What else can I do for the way they behaved.
If the decree has already been passed not to alienate the property and the property has been alienated after that then it amounts to civil contempt of court. However, the other party will contend that he didn't receive any notice, neither actual not constructive. In these circumstances you can pray that at least the mortgage be cancelled and things may be returned to status quo as they were before the property was mortgaged.
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Adv. Samyak Raj
Delhi | 500+ Answers
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