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Murali Krishna Pratapa   11 February 2024

Divorce related

My spouse's Sister's husband not giving money for house hold expenses around 2years and having extra marital affairs.She wants to file divorce but the problem is he took loans on the name of her,in this case how she can approach?


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     12 February 2024

The loan obtained on her name would be her own liability. 

The divorce has nothing to do with it. 

If she has proofs to prove that she had obtained this loan for his purpose, she can demand repayment by issuing a legal notice to him and follow it by filing a money recovery suit. 

1 Like

Dr. J C Vashista (Advocate )     12 February 2024

Loan and divorce are two different subjects / disputes, do not club them

If he (husband of your wife's sister) do not pay for day-to-day household expenses, she (your sister in-law) has to claim.

Extra-marital relation is no more a crime.

She (borrower on record) has to pay outstanding amount of loan , so she should claim for the amount withdrawn and used by her husband and close all her account accessible to her husband, i.e., such borrower.

1 Like

Advocate Bhartesh goyal (advocate)     12 February 2024

If your spouse's sister's  husband is not maintaining her then she has right and  can claim maintenance from her husband u/sec 125 of Cr.P.C. If she obtain loan on her own name then it's  her liability to repay the due loan amount. Extra marital affair is no ground for obtaining  decree of divorce. 

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