Legal Question in Criminal Law in India

Dear Aniruddha Pawse Sir

We are from a Small town in Uttar Praadesh and the lawyers and not so much knowledable, I have saved my home by virtue of seeing the TV serial Aap ki Katchari of Kiran Bedi otherwise i might have lost my home due to the ignorance of my lawyer as he has filed one case in my name against my husband in 2007 for claiming share in property in my name. Although i have saved my home by filing the Form II of Domestic Voilance Act (RO Granted in my favour) ,from time to time i need to suggest my lawyer . I have consulated 4-5 lawyer but they are not confident sir i dont want to loose my house due to their ignorance. please help and guide me.

I wanted to ask you about the below question that my house was sold during the course of the FIR which was filed by me against my husband Under Section 494/498A/506 (Fir Date 29/12/2010) and sale of the house was done on 7/1/2011 by my husband. It is another act by my husband which he has done to attact more mental torture, can i do something about it.

I have filed case under Domestic Voilance Act seeking R.O. and P.O. against my Husband in October'2010 in a lower court in UP. The Court Started sending notices to my husband. Some Registered Noticed were delivered to my husband but he not responded to that notices which was sent by the court in this case.

Then the Court has given the Ex-Parte Judgement on 9th Feb'2011 on my petition filed on 2nd Feb'2011 about our house that it should not to be sold or if it has been already been sold anyhow ( I had come to know from a reliable source that my busband has sold our house on 7th January'2011) not allow anyone to force me to leave the house untill the justice under this case is done .

I just wanted to know wheather i am safe with this order or i have to do something more for my house as I have finally come to know that he has already sold this house to a third party one month prior of this order(above mentioned R.O.) After This R.O. was passed on 9th Feb'2011 my husband has put objection on this ro denying that he dont have any relation with me but i ahve all the evidences in my favour like id and address proof . I am currently 54 and my husband is 62.He is doing all this as he is totally in control of his mistress.

Recently in a civil case of mine with the purchaser of this house which i have filed to save my house and cancelling his sale deed ,the court has given the ownership to the purchaser but at the same time taking into consideration of this ro he has given the order to keep the situation as it is now.

Just wanted to know Can i do something for me as the purchaser has started torturching me more and more now and I just wanted to inform you that after the sale of my house i have already registered once FIR under section 323/504/506 if IPC on dated 29th January'2011 in our local police station. I am a poor lady and the purchaser is a rich man.

Is there any provision in domestic voilance act so that i can get this purchase out of the picture as he hold one shop under my house which comes under the same primises. I am really in need of help . Can i do something to get rid of this purchaser and could save my home.

My husband has denied having any relationship with me but i have all the evidences in my favour like rationcard voter id card,marriage photos and order for maintenance under 125 crpc of Rs.500 p.m.The case under domestic voilance act is still pending in the court since october'2010.

Please suggest can i do something to get rid of this purchaser . I want to save my home sir


Asked on 12/22/11, 3:44 am

2 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

instead of trying to evict the purchaser you ask the court which pass ex parte order in your favour to execute the order and if your husband is not paying maintenance u/s 125 Cr Pc you can ask the court for a distress warrant attaching his property.

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Answered on 12/23/11, 2:05 am
Shrichand Nahar S.V.Nahar, Advocate

Adv Pawse already replied query addressed to him.

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Answered on 5/24/12, 2:15 am


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