Divorce case

sai (Querist) 23 December 2018 This query is : Resolved
Hi,
Priti's divorce course is going on in the family court. Can she take a fresh loan for marriage of her sister and brother. Her sister and brothr salary is less hence it is tough to get loan of 7 lakhs for them.
This loan will be taken on house mortgage and EMI will be paid from salary account of Priti. So can Priti take loan? Because she has to show salary account bank statement in the court which will reflect EMI. What will be impact of this on her case?
Please guide.
Thanks.

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Vijay Raj Mahajan (Expert) 23 December 2018
The housing loan taken in behalf of other siblings can be explained by the person by making statement in this regard on oath by giving affidavit stating the details therein.

Kumar Doab (Expert) 23 December 2018
Loan is personal obligation.
The debtor/litigation had the capacity to repay by virtue of income and that is why lender decided to lend.
The borrower can explain, if asked, the very purpose of loan.

sai (Querist) 25 December 2018
Thanks for reply but what will be impact on divorce case

Guest (Expert) 25 December 2018
The personal loan will not have any impact in divorce but it could have an impact in Maintenance matters/ cases

K.K.Ganguly (Expert) 25 December 2018
Priti's divorce case has got nothing to do with her taking of loan if she is found eligible for taking the said loan she wants to apply for.

Kumar Doab (Expert) 25 December 2018
As already suggested, the loan shall be a pointer to earning!

It has NO bearing on matter pertaining to Divorce.

sai (Querist) 27 December 2018
Thanks all for reply. What will be impact on final maintenance after taking loan

sai (Querist) 28 December 2018
Loan is needed . What will be impact on final maintenance after taking loan

sai (Querist) 01 January 2019
Nobody is doing criminal thinking , loan is really needed hence asked. Other members please suggest.

Nadeem Qureshi (Expert) 15 March 2020
Dear Sai,
if the question is related to maintenance and Priti claiming maintenance and she stated that it is her liability than Home Loan or Personal Loan cannot be considered as mandatory deductions as per the Judgments of the HC & SC which says that only mandatory deductions can be considered and deducted from the income of the party and not otherwise. if Priti is earning then she is not entitled to get maintenance.
She has to explain these loans

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