Domestic violence

@ Author

Your client (assumption) and her husband had taken a loan. The Loan must had been given after taking into account of combined income of both (assumption). Now your client (assumption) wants her name removed then simple steps is to get first a NOC from Religare for removing name of your client (assumption) as risk of default becomes higher.

Now as per subsequent breifs of yours the loan is already running into default. Hence logical next step is to get 'registered' a 'release deed" thus your client (assumption) releasing her 1/2 share in opposite party (husband) name. Now it is up to husband as his headache whom he brings as applicant other than himself to service the loan. In the instance case not only the loan is in default but probably no body else is coming forward to replace separated wife so Law says first get release deed registered so that the co-applicant is freed first and the ball goes to remaining applicant basket and it is now remaining applicant headache what and how he does to keep alive the loan STATUS in its repaying tenture period.

Also the moment she signs release deed later under DV Act she cannot approach a DV Court to get protection order under 'economic abuse' as it is bound that Religare will now sell of the property due to default and no one else coming as replaced co-applicant in plac eof wife and after recovering their share they will pay remaining amount to husband. Mind it at one time she had 1/2 share in remaining part too in such scenarios which is gone once she signs release deed :-)

Scope of DV Act is limited in presented (reading down all subsequent) posts of yours for a simple reason DV Act under 'economic abuse" talks of protection order for wife so that "she is not deprived of all or any economic or financial resources and or she is not put in a situation where husband is disposing of household effect or she does not suffer from any alienation of assets or property jointly  owned during a domestic relationship".

Here for last time as explanation at one point of time your client (assumption) enjoyed living in a 'domestic relationship" which is prime facie cognizance taken by a Magistrate to admit case but she (wife) also enjoys on paper till date all economic assets jointly then taken till date and now tell us how you are going to remove the next Bar of DV Court to seek protection order under economic abuse funda where DV Act says she should not be deprived of all or any economic or financial resources solely and or jointly taken (see above Explanation I (iv) Se.) and or she is not put in a situation where husband is disposing of household effect or she does not suffer from any alienation of assets or property jointly  owned during domestic relationship???

So in a way you are fishing for DV court's protection  order to dispose of jointly owned assets of one point of time which is only thing that is not possible by using DV Act but then it is misuse of the provisions is my view when one adds masala of forced signature and wife ignorant of for what her signature taken..............

Now the moment prime facie cog. is taken (which is highly unlikely) then also without a 'release deed' husband and the Religare will not entertain any new surity and or next applicant to enter names into the loan Bond papers. DV Court canot tell first wife to 'give away by way of relase deed' her jointly owned assets at one time for a simple reason the DV Act is not made for that. Now the moment your client (assumption) signs on 'release deed' that means she is giving up on today's date in a DV Court her 1/2 share from the jointly owned property and later she cannot challenge under any Act to seek remedy to get her 'share' back.

So one side DV says she should not be deprived / alienated and suffer from any sorts of economic abuse and thus protection order are sought and other side you are seeking enlarging the scope of DV Act (masala of forced signature and she being ignorant on what she signed etc that you afterwards say) and making her release her share today using the very Act how it can be possible to execute by a Magistrate Order and is it correct in Law to do it by a Magistrate under provisions of DV Act - think !

Hence summing up not possible to use DV in short instead registering a release deed is best alternative in presented brief where civil remedies are used.

If I were Religare I would never risk giving a NOC to wife to make sure that my business doesn't fail. Sorry Religare will never give you NOC as you both benefited and such if one does not give back the loan amount with interest Religare would recover the loan from the other. This company will fight tooth and nail and will win the case divorce or no divorce.  Sorry but its the bitter truth. Best you can do is to prolong it by moving courts which will be your detriment. I hope I have understood the problem in its right perspective.

Release Deed  at the best will be a unilateral act by the wife.What  is the sanctity of such unilateral Act?Who is going to recoginze this act.Religare?Of course not.Its not a question of Presumptions and assumptions.We need to deal with the allegations on the face of it.I agree with you to the extent  that civil action lies in such a case but not to the extent that "Release Deed" can come to the rescue of the wife.

Thank GOD you are not Religare. As per Religare TOC only Rs. 10,000/- plus Service Charge is charged for issuing NOC and post NOC the whole deal is re-scheduled. The company will not fight and waste money on Attorneys as it is their mandate in such situations to charge fees and get over with it. In case of doubt you may check yourself with Loan Dept. of Religare yourself on NOC.

@ Author


Either wife pays 10 k or husband pays 10 k and get a NOC from Religare and further they register between them a release deed which is the only civil rescue possible as ball has to go to husband's basket which is the primary concern of wife is it not so!. You can't think now of unilateral or bilateral afterthoughts when the only worry of wife as of date is to remove her name being co-applicant of some loan. For that she should have sought decree in divorce proceedings immediately after separating from husband that way even Religare would not have touched her the moment she shows decree papers. Reason being she should have by then got civil court order for removing her name from all jointly owned assets and /or would have got partitioned them and/or probably would have given up on those rights being wife J

Again  Decree of Divorce will be a decree legally authunticating the severance of the relationship of the Husband and the Wife.This will not at all affect the loan till the time there is a formal recusal of the name of the wife from the records of RELIGARE.Further its not that easy that on paying 10K Religare will give the NOC to the Wife.When the Huband is also hostile RELIGARE will not be in a position to give NOC.RELIGARE is not going to toss the ball towards husband when beforehand  he refuses to play it by refusing to bring a fresh co-applicant.

VERY CHARITABLE FINANCE COMPANY. Great it gains Rs 10,000/- odd in order to lose Rs 66 Lacs LOL! [I'm stating this from the info in the query. I MUST BE WRONG or MUST BE MAD AND MAYBE I'VE NOT GRABBED THE WHOLE STORY.

A lawyer from Western U.P took more loan than Religare stuff and got a paper divorce. Now both hubby and wife are in a U.P jail.

You have got it Right.

BUT NOTE: A GOOD LAWYER CAN MAKE HUNDREDS OF  RELIGARES SPIN.

@ Author

You are talking now in vacuum.

With decree of divorce tell me what stops her to file suit for declaration ??????? Does religare going to stop to file for divorce or is it mentioned in contract !

You mean to say I am a fool not to see the bottom line of this query on unilateral and sanctity of her rights being wife claims which she in a way wants to bake and eat the pie is what this query is all about!  

The wife on today's date wants her name removed, does not want NOC to place before Religare and omitting to tell us that against the very loan a property is pledged by husband! Reliagre says with NOC they charge 10 K and modify the loan papers and here new applicant known to husband may come and or husband takes sole pledge to repay loan for which he is not agreeing which I see as obvious in such natur eof husband – wife relationship downtime days. What will happen of that pledge of another property under default payment by husband no one thinking but struck with 'removal of name of a wife from loan papers signed in her haydays' and does not even want to approach as co - applicant to Company for NOC and forgetting in civil law there is a provision of suit for declaration and yet wants to use off the counter aspirin called DV Act as one remedy for all kinds of husband and wife issues we come across in our daily practice.

In fact the way I see this thread emerging she (wife) should not worry at all on removal of her name when another property is pledged against the very loan of Religare by husband. In default the Religare people will issue time limit based Notice to both applicants and give threat of court case and in default of same Religare will sell of the very pledged property that husband has pledged against which loan was taken. Now do not tell us now that in that husband's pledged property to Reliage wife is squatting :-) Well in that scenario DV Act applies under “residence order” which becomes another Q & A thread but in absence of its special knowledge I am inclined to add further.

So author be it so kindly go ahead and use DV Act under so called alleged domestic violence incidence (signature etall that you say). Educate me later of execution of protection order of domestic violence under economic abuse Section of the Act against the Company by a Magistrate Court. 

It is very difficult to make understand people here who are short sighted.

Making way for others to reply now as I have taken enough bandwiddth on this post. 

Your Comments

"omitting to tell us that against the very loan a property is pledged by husband!"

Please check my first post

"Wife is living seperately from the husband.When they were living together Husband had taken a loan of Rs. 66 lakhs from M/s Religare Finance for his business wherein wife became a co-applicant.A property in Delhi was pledged by the husband with M/s Religare while taking loan.The cheque for Rs. 66 Lakhs was given by M/s Religare in the name of the Husband and the same was credited in his account.  Husband not making the payment of installments of loan.Wife wants to get her name removed as a co-applicant at any cost..M/s Religare has given the option that in case husband makes any other person as a co applicant only then they can delete the name of the wife.Husband is not cooperating at all.Wife contemplating to file a case under Domestic Violence Act.Wheather the court in that petition can give the directions to the husband to get the name  of the wife deleted from the loan agreement.What are the options available with the wife"

The option is pay the loan.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com