Civil Procedure Code (CPC)

Estraged husband submitted my documents i bank wi


Hi All,

Myself and my husband are living seperately for the last 10 months due to domestic violence, abuse and dowry harassment.

During this period I just came to know that he has submitted signed copy of my adhar card and pan card to the bank to get a joint gold loan in both our names without my approval and knowledge.

Bank finally closed the loan as he could not get my signature on the loan papers. He had falsely mentioned to the bank that  I was out of town and unwell and hence could not be physically present for the loan documentation.

What legal action can I take on my husband as already there is a police complaint against him for harassment.

 
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Advocate

Consult your advocate and proceed further 

 
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Lawyer

Harassment complaint, if already filed and under consideration/ investigation,  is altogether separate crime to alleged forgery and cheating committed by accused, file another police complaint on the basis of loan documents submitted by him. 

 
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Retired employee.

If you want to have mental peace, ignore small things and do not make a mountain out of a mole. .  Neither bank has given any loan nor there was any injury to you in any way in the transaction.

The query is itself confusing: Bank finally closed the loan as he could not get my signature on the loan papers.

When your signature is not present in any bank loan documents for availing joint gold loan, the bank never advances any amount.  The correct status must be: "The loan was not disbursed as loan documents were not signed by the joint borrower.

 
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Retired Manager

Whose ornaments he tried to pledge or pledged with the Bank. Whether the same belong to you and you can prove as such?

 

Your husband only gave documents relating to you to the bank and he did not forge your signature. Ultimately, the bank did not give the loan as he could not get your signature on the documents. Banks do not accept the documents without verification of the original and hope your original Aadhar and PAN card are with you. If you so wish, you may advise your Lawyer to include the present episode also in the ongoing case to show the tendency of your husband to further harass you by trying to take a loan implicating your name and unauthorisedly submitting documents relating to you.

 
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Hello,

The loan was disbursed to him since he was an existing customer with the Bank, and he had submitted my Signed copy of Adhar and PAN Card without my knowledge.

After waiting for 4 months, when he finally could not get my sign on the loan papers, bank asked him to return the loan amount and take the jewellery back.

Also, the jewellery he was trying to pledge was given to me by him and his family during our wedding which is called as streedhan.

My main concern here is that he should not misuse anh of my documents in future like this without my knowledge.

He has sent me 2 notices through the lawyer asking me to come back, should I also include this incident in the reply to the notice.

Reasons for seperation are dowry taunting, domestic violence and abuse, there is already a police complaint against him for this.

Thanks

 

 
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Retired Manager

Okay, the loan was obtained and it was disbursed but it was closed down by the bank as it was applied in joint name and your signature was not on the documents. Having given a notice to you to come back and live with him, he was trying to create a record that everything was okay and you even took a joint loan pledging the Streedhan ornaments.

 

In my view, it is better to include this episode also in the ongoing case to show how he is trying to scuttle the case by trying to create some evidence.  You may seek a restraint order against him not to use any of your documents relating to you anywhere for any purpose whatsoever.  You may also seek orders for return of the ornaments. 

 
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Advocate

"he had submitted my Signed copy of Adhar"! There is no such document. It appears you are in haste and facts are getting wrong.

 

 
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It means xerox copy of Adhar Card which has my signature

 
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Hello mam, greetings of the day.
As per your query, your husband can be charged under many sections.
For committing felony. Convictions under generally results in paying a substantial monetary fine and incarceration of at least a year which maybe more. If convicted of a crime such as falsifying documents, then there are often lingering penalties that are non-legal in nature. Section 465 of Indian Penal Code deals with the punishments for forgery in India. As per this Section, forgery is punishable by a jail cycle elongating up to 2 years or fine or with both. It is a non-cognizable, bailable offence in India and must be tried by a Magistrate of the first class. It is not a compoundable offence.
For dowry harassment. Section 498A of the Indian Penal Code states that the groom and his family to be automatically arrested if a wife complains of dowry harassment. India also has a Dowry Prohibition Act 1961. Section 4 of the Act states that if any person demands any dowry, directly or indirectly, from the bridegroom or her family shall be punishable with imprisonment for a term which may extend to 2 years and with fine which may extend to Rs, 10,000/-.or with both.
For domestic violence. Cruelty refers to any conduct that causes a woman grave injury, either life or health – including mental health. This also includes harassment in the name of dowry. If a person gets convicted, he can be sent to jail for up to 3 years under this law. Section 294 of Indian Penal Code deals with this.
Hope this answers your question.
Regards
Nirali Nayak
Law Student
 

 
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