Doubt of husband that i was already married
Nisha
(Querist) 05 September 2014
This query is : Resolved
I took home loan from a bank when i was unmarried. I took help of my colleague to be my co-appliant/husband to enhance my loan limit. For this purpose some false papers have to be submitted in Bank to avail loan. And in Sale Deed, i have to add my colleague's name as my Husband/co-applicant.
Now my Husband has seen those sale deed papers and doubt about my pre-marriage life.
I doubt he alongwith his family may complain against my for this in court.
But i had never married to my colleague.
pl help
Devajyoti Barman
(Expert) 05 September 2014
It is really incomprehensible as to how you could thin of impersonating other's wife.
You have done wrong and be prepared to face the worst bither internally and externally.
V R SHROFF
(Expert) 05 September 2014
clearly explain to your husband in presence of the concerned person , to avoid further complication.
Nisha
(Querist) 05 September 2014
I have tried my best to make me belief but could not.
I just want to know here WHAT EXACTLY MY HUSBAND CAN DO AGAINST ME LEGALLY. My colleague has admitted that he has done this only for a loan formality.
He is also married.
Dr J C Vashista
(Expert) 06 September 2014
He can file a complaint cases under the provisons of Section 419/420/494/120B IPC, besides slapping a divorce case for adultary.
Sudhir Kumar, Advocate
(Expert) 06 September 2014
why should he not doubt?
rather why should one not believe that you are already married?
you own a joint property and a joint loan where he is the co-owner as husband.
what more evidence is required?
Sudhir Kumar, Advocate
(Expert) 06 September 2014
Now what your husband can do:-
(i) FIle a case of nullity of marriage as you have concealed previous marriage. You just cannot argue in court that the documents were signed with intention to defraud the bank.
(ii) file criminal case against you as suggested by Dr Vashista
Sudhir Kumar, Advocate
(Expert) 06 September 2014
What Bank can do:-
(i) cancel the loan forthwith and in case of inability to pay immediately then apply for custody of the house.
(ii) register criminal case against you and your bogus husband.
Sudhir Kumar, Advocate
(Expert) 06 September 2014
WHAT EMPLOYER CAN DO
If it is Govt service then exist can be shown to both of you after flowing procedure. It is forbidden for govt employee to be dishonest even in private life.
Even a prudent private employer may not like to continue the persons who lack integrity.
Sudhir Kumar, Advocate
(Expert) 06 September 2014
further reaction could be expressed unknowing the flowing facts :-
(i) when was the deal made.
(ii) when marriage took place
(iii) who is refunding the loan
(iv) has your husband only seen the papers or he is aware of the property as well.
(v)is wife of your bogus husband aware of this
(vi) when your husband has seen papers.
Nisha
(Querist) 06 September 2014
i want to mention that that loan has now been fully paid 3 months back. My colleague was not co-owner in that property.
He was just a co-applicant in that.
My marriage took place after 3 yrs of buying that property.
Loan was being deducted from my bank account.
Colleagues wife does not know this.
Just 3 months back my husband has seen papers.
Nadeem Qureshi
(Expert) 06 September 2014
Your present husband may fileva declaration suit before family court under section 12 of Hindu Marriage Act to declare the marriage as null and void due to your first marriage and second marriage without divorce.
he may file a complaint under section 494/419/420 of ipc against you.
Sudhir Kumar, Advocate
(Expert) 06 September 2014
you said
"And in Sale Deed, i have to add my colleague's name as my Husband/co-applicant. "
now you say
"My colleague was not co-owner in that property. "
what is the truth?
Sudhir Kumar, Advocate
(Expert) 06 September 2014
now since you have paid the loan from your pocket. Your bogus husband can claim partition of the property.
full refund of loan does not extinguish your criminal liability towards the bank.
Anirudh
(Expert) 06 September 2014
Dear Nisha,
Don't worry nothing drastic will happen because of this bank loan. But, if at all anything has to happen, it will mainly due to the relationship between you and your husband in your married life.
The bank episode is only an add on ground. BUT BE SURE, ONLY ON THIS GROUND YOUR HUSBAND CANNOT DO ANYTHING LEGALLY. THAT'S SURE, ESPECIALLY WHEN YOUR OTHER COLLEAGUE SAYS THAT HE HAD ONLY LENT HIS NAME FOR PURPOSES OF HOME LOAN AND NOT REALLY MARRIED. YOUR HUSBAND HAS TO PROVE THAT THERE WAS AN EARLIER MARRIAGE - ONLY THEN HE CAN SEEK DIVORCE. Otherwise certainly not. Even if he files a case, he will fail in his attempt to get divorce without clinching evidence of there having been an earlier marriage.
Please take it, Even the Bank cannot do anything so long as the EMI is being paid to it. Filling up forms with details which will entitle a person to get a loan or higher loan (even by puffing up balance sheet etc.,) is a routine thing and even judicially accepted.
Therefore, please do not go on brooding over these things. Take on and tackle things as and when it really comes up.
Nisha
(Querist) 06 September 2014
Thanks Anirudh ji, for your kind advise.
But to avail loan at that time, we had to submit some fake papers to show we are married. I dont clearly remember but those were some affidavit or something else that property agent has made and submitted to bank to get the loan sanctioned on our behalf.
V R SHROFF
(Expert) 06 September 2014
Win your husband by LOVE,
not by LAW,
OR VANISH..........
Sudhir Kumar, Advocate
(Expert) 06 September 2014
I may not agree with Mr Anirudh.
The loan was taken on misrepresentation. Even if it is paid back still criminal liability towards bank is there. The case has a paralell with the scam of securities twenty years back wherein loans were raised for some other purpose and put in some other purpose.
If her husband sues for nullity of marriage then her fake husband is certainly not coming to court to state on oath that he and she committed fraud on bank. One can be stupid enough to commit a crime but not stupid enough to admit a cognizable crime before court on oath. He has got his own family to mind and will not be willing to share handcuff with you.
True it is her husband who has to prove that there was earlier marriage. The bank papers and the sale deed are sufficient evidence to that affect.
Further it is not divorce he has to apply he has to apply total nullity of marriage.
Rajendra K Goyal
(Expert) 06 September 2014
Since the loan has been paid, you may ask the Bank to return all the documents / papers to you. Definitely, if you narrate full story to them, they would not cooperate, take help of some person known to Bank Manager.
Better have amicable solution with your husband.
Anirudh
(Expert) 06 September 2014
Dear Mr. Sudhir,
Please note, that there is no crime involved anywhere - legally speaking. Let anybody launch legal action, the querist will be able to face it successfully. Ofcourse, in case any such case is launched, she has to spend some time and money - otherwise no damage will get caused to her. I AM DAMN SURE ABOUT IT.
Devajyoti Barman
(Expert) 06 September 2014
The acts done by the author are all criminal acts falling under various provisions of Indian Penal Code as mentioned by Mr Vasishtha and if proved guilty the punishment can be upto seven years of imprisonment.
Pray to God that the Bank or your husband does not pursue the complaint if lodged by them with police.
K.K.Ganguly
(Expert) 06 September 2014
1. Unthinkable,
2. Is it possible that some one impersonated her as some one's wife just to enhance loan limit?
3. And after having done so, she is now complaining that her husband is doubting her,
4. I think we should form a search committee to find out what are the sections of IPC & Cr.P.C. under which charges can be brought against her,
V R SHROFF
(Expert) 06 September 2014
she is hiding real facts from us & husband..
no one doubt w/o reason, behaviour.
it is criminal act; punishable , that too with full documentation with institution like Bank, and a fraud of million!!!!. It's Public Money, forged doc, & a LOT..
It is quite serious..
V R SHROFF
(Expert) 06 September 2014
She is now at mercy of husband & bank.
Dr J C Vashista
(Expert) 06 September 2014
@ Mr. Anirudh ji,
The author has concealed reality from us as well as her husband, rightly observed by the expert Mr. V R Sharoff, I agree.
Therefore, her behaviour and actions deserve to be taken to task as per penal laws. Her husband has a genuine and valid information/knowledge and not doubt as stated by author.
@Nisha Madam,
Engage a local lawyer, you have sufficiently been provided with FREE advise by the experts, which even you did not deserve, close this thread please.
Sudhir Kumar, Advocate
(Expert) 07 September 2014
fully agreed with Dr Vashista.
Mr VM Shroff has summarised all views in one sentence.
She has to beg for mercy.
Raj Kumar Makkad
(Expert) 07 September 2014
I do agree with Vashista ji. Law is common for all.
malipeddi jaggarao
(Expert) 08 September 2014
I also endorse the views of Dr.Vasistha.
How anybody can blame the husband for suspecting his wife who has admittedly named a person as her husband, made a party to avail housing loan. According to me she must be maintaining an extra-marital relation with that man later one of them wanted to come out the relation and by misrepresentation she got married to this present husband. Even now she is not coming out with full facts. Let her fight her case by availing paid service. This portal is not meant for giving guidance to such people, who do not even correct themselves and keep on taking stand that they are right.
T. Kalaiselvan, Advocate
(Expert) 09 September 2014
With the details furnished, I think expert Mr. Anirudh has given some justified opinion and advises, I endorse his views. I don't argue that what the author has done is right or wrong, the solution discussed by the said expert seems to be very reasonable and I fully support his views.
