Recently, the Delhi High Court stayed a Magistrate Court order directing the auction of the husband's alleged share in a family property in the execution petition filed by his wife seeking payment of maintenance. The court passed the order after the husband cited a violation of Section 60(1)(ccc) CPC, which prescribes that every person has a right to reside and there cannot be an execution against the only dwelling house a person possesses. The Delhi HC granted a stay stating that a "substantial point of law as regards to the protection provided under Section 60 (1) (ccc) of the CPC" is raised. As per the details, the respondent-wife had obtained favourable maintenance orders on April 26, 2017 and August 20, 2020. She moved the Magistrate Court after being aggrieved by non-payment of maintenance. This led to order for attachment and sale of a part of the ancestral property. Highly Qualified but Unemployed Wife Has Right To Be Maintained by Husband Till She Gets Gainful Employment, Says Delhi High Court; Rejects Man’s Plea Challenging Family Court Order.

Delhi HC Grants Stays After Man Cites Violation of Section 60(1)(ccc) CPC

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