Can Property Be Attached In A Domestic Violence Case?

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides various civil remedies to protect and assist the aggrieved person, including monetary relief and interim orders. While the Act primarily focuses on protection and maintenance, under certain circumstances, the court may order attachment of property to secure relief for the aggrieved.

Can Property Be Attached In A Domestic Violence Case?

Attachment of Property Is Not a Primary Remedy Under PWDVA

The PWDVA primarily provides protection, residence, maintenance, and monetary relief. It does not explicitly mention attachment or seizure of property as a routine remedy.

Courts Can Pass Interim Orders to Secure Monetary Relief

Under Section 20 of PWDVA, courts can grant monetary relief, which may include interim maintenance or compensation. To enforce such orders, courts can direct attachment or freezing of respondent’s assets or bank accounts.

Civil Court Jurisdiction for Property Attachment

If the aggrieved seeks permanent attachment or injunction over property, she may need to approach civil courts under relevant property or succession laws, in addition to DV proceedings.

Attachment May Be Ordered to Prevent Disposal of Property

Courts may order temporary attachment or injunction to prevent the respondent from selling or transferring property during the case to safeguard the aggrieved’s interest.

Enforcement of Maintenance and Compensation

In cases of default in payment of maintenance or compensation, courts may order attachment of property or salary to recover dues.

Legal Procedures for Attachment

• Aggrieved must apply for interim relief or injunction in the DV case.
• Court evaluates the necessity based on facts and evidence.
• Orders passed may include attachment of bank accounts, immovable property, or movable assets.
• Respondent is given an opportunity to be heard before final orders.

Example

Scenario:

A woman files a DV complaint seeking monetary relief and maintenance. The respondent is evading payment and attempting to sell joint property to avoid financial liability.

Steps That Can Be Taken:

• Apply to the court for an interim injunction to prevent sale or transfer of property.
• Request attachment of the respondent’s bank accounts or assets to secure maintenance payments.
• The court issues an order freezing property transactions until the case is resolved.
• If the respondent defaults on payments, enforcement officers may attach property or salary to recover dues.