In the absence of particulars of husband’s property, a everlasting alimony decree can’t be enforced: Punjab and Haryana HC

Recently the Punjab & Haryana High Court upheld a lower court decision dismissing the writ of writ of the writ of writ of writ of writ after finding that she had failed to record the writ of the writ of the husband of the writ.

The Bench of Justice Alka Sarin made the observation while dealing with a case where the parties divorced and the wife was awarded permanent alimony and alimony of Rs 60 lakhs.

The wife then filed an enforcement application for recovery and the enforcement was sent to seize the husband’s property.

However, the execution was objected to by third parties, arguing that the land in question did not belong to the husband, and the application for enforcement was dismissed as unsatisfied by the lower court.

When the case reached the High Court, it found that the husband lives in the UK and the records show he has no property in India.

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According to the court, the husband does not own property details provided to the enforcement court and therefore said assets cannot be attached.

Although the court found that it can sympathize with the wife as there was a delay in granting alimony and alimony in 2014, the court notes that the judgment rendered by the court of appeals is not unlawful.

Accordingly, the court dismissed the wife’s appeal, but gave her the freedom to appeal to the enforcement court once she discovers the relevant details.

Title: Megha Rana vs. Kanwar Samir

File number: 1189/2022

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