What legal actions can my wife take before stay order?
I have purchased the property in my wife’s name. I have paid the full amount to the builder directly, as my wife is a housewife. Currently, there is a dispute between us. I have filed a suit for ownership declaration, permanent injunction, and a stay order for this property. The court summons have been sent 2-3 times, but she is neither receiving them nor appearing in court. My queries are as follows: Can she take any legal action to secure the property before the stay order is granted by the court?
Since she has not shown up despite several summons, the court can grant ex parte relief in your favor. But if she finds out later about the proceedings, she can challenge the order by filing a counter affidavit or petition to set aside the ex parte order.
If your wife avoids the court summons, the court may grant an order in your favor. To secure the property, she can request a temporary injunction or file a caveat to be heard before any decisions are made. It is important to attend court hearings to avoid ex-parte orders. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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