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rahul (engg)     30 November 2014

Matrimonial home

My wife filed 498 and dv against me.in 498a she asked money which she gave me to purchase new  house after marriage. 

In dv case also she restricted me to sell house.

Now am jobless , unable to pay house emi. Can I sell house on this ground irespective of court order. 


 4 Replies

NATARAJAN IYER (Proprietor)     30 November 2014


For 90 days continuously if you do not pay the EMI, your loan account enters the SUSPENSE LEDGER


in the bank.---------------


On the 91st day, it gets classified as NPA ( Non-Performing-Asset ).-------------


If you continue non-payment beyond the sixth month, the bank can take over your asset, list it for sale


and recover it's due.


A suit for recovery can be filed by the Bank.


But if your wife is informed by the Bank, she can submit a prayer to the court informing of the pending


cases against you and the court may restrict the amount to be withheld in the court, till further orders


are passed.-----------------


In fact, it is very risky for you.------------------------


Read the Loan Document. In case you have a criminal charge against you ( 498A ) you have to keep


the bank informed, usually within one month of such charge being filed against you.---------------------


Or else, in addition to the case against you by your wife, your bank can file ---------------------


1) case of suppression of facts


2) cheating


3) fraud


etc etc and even obtain a  non-bailant arrest warrant against you and also parallelly move a


civil suit for recovery.----------


Your wife can then apply for a civil and criminal restraint order preventing you from entering the




Lot of legal restrictions and sanctions can be moved against you......



T. Kalaiselvan, Advocate (Advocate)     03 December 2014

You can sell the property if it is in your name and there is no restrictions to sell by an order of court.  If she is demanding the return of her dowry amount given to you at the time of marriage, yo better return it.

Adv k . mahesh (advocate)     04 December 2014

first you have to see any status quo order regarding the house is given by court and if no such order is ordered then you can sell the house and pay the bank loan and balance amount you can pay to your wife how much she gave to your to purchase the house 

have a heart foundation (member)     04 December 2014

check your pm

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