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Krish   05 February 2016

Personal loan to reduce interim maintenance

I am likely to be sufferer of DV/498A in soon(may be in 2-3 months). I have been working in IT industry and  I don't have any need to take any personal loan at the moment. Just to avoid the maintenance/keep very low maintenance, I would like to take personal loan.I request you to please clarify the below two queries.
When my wife files maintenance case, do I need to show any proof to court that for what purpose I took the loan?
Do I have to show any receipts of money spent?
Note: My wife is not working. She just studied 12th standard only.


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 17 Replies

r.sathyanarayanan   06 February 2016

Dear Mr krish, For working out maintenance the topmost condition is your wife should be facilated to the have same standard of living as she used to when she lived with you. Your gross salary subject to minimum statuary deductions only will be considered. Your plan will not help you. Regards Sathyanarayanan
1 Like

Krish   06 February 2016

Thanks Satyanarayanan sir!!

@Renuka ji,

I am not oversmart. I just want to hit back in the same way how illegitimate people are trying to grab money from like me innocent people. I can't write all what happened to me in this forum.

Before becoming the vicitim of these biased laws,  I want to save me and my family with the  help of this kind of forums.

No other intention and don't want to hurt anyone and don't want to commit any kind of illegal things. I am just trying to be cautious in advance.

Thank you for the reply!!

Sidharth   06 February 2016

Yes, your plan will work. 

No need to show expenditure receipts. 

There are number of ways to reduce or deny maintenance. 

Don't worry !!

1 Like

Sidharth   06 February 2016

If your case is in Delhi you and your wife both are bound to give affidavit in given format both the parties are directed to file their respective affidavits of assets, income and expenditure from the date of the marriage up to this date containing the following particulars:—

7.1 Personal Information (i) Educational qualifications. (ii) Professional qualifications. (iii) Present occupation. (iv) Particulars of past occupation, (v) Members of the family. (a) Dependent. (b) Independent. 7.2 Income (i) Salary, if in service. (ii) Income from business/profession, if self employed. (iii) Particulars of all earnings since marriage. (iv) Income from other sources:— (a) Rent. (b) Interest on bank deposits and FDRs. (c) Other interest i.e. on loan, deposits, NSC, IVP, KVP, Post Office schemes, PPF etc. (d) Dividends. (e) Income from machinery, plant or furniture let on hire. (f) Gifts and Donations. (g) Profit on sale of movable/immovable assets. (h) Any other income not covered above. 7.3 Assets (i) Immovable properties:— (a) Building in the name of self and its Fair Market Value (FMV):— - Residential. - Commercial. - Mortgage. - Given on rent. - Others. (b) Plot/land. (c) Leasehold property. (d) Intangible property e.g. patents, trademark, design, goodwill. (e) Properties in the name of family members/HUF and their FMV. (ii) Movable properties:— (a) Furniture and fixtures. (b) Plant and Machinery. (c) Livestock. (d) Vehicles i.e. car, scooter along with their brand and registration number. (iii) Investments:— (a) Bank Accounts - Current or Savings. (b) Demat Accounts. (c) Cash. (d) FDRs, NSC, IVP, KVP, Post Office schemes, PPF etc. (e) Stocks, shares, debentures, bonds, units and mutual funds. (f) LIC policy. (g) Deposits with Government and Non-Government entities. (h) Loan given to friends, relatives and others. (i) Telephone, mobile phone and their numbers. (j) TV, Fridge, Air Conditioner, etc. (k) Other household appliances. (l) Computer, Laptop. (m) Other electronic gadgets including I-pad etc. (n) Gold, silver and diamond Jewellery. (o) Silver Utensils. (p) Capital in partnership firm, sole proprietorship firm. FAO 369/1996 & other connected matters Page 30 of 46 (q) Shares in the Company in which Director. (r) Undivided share in HUF property. (s) Booking of any plot, flat, membership in Co-op. Group Housing Society. (t) Other investments not covered by above items. (iv) Any other assets not covered above. 7.4 Liabilities (i) OD, CC, Term Loan from bank and other institutions. (ii) Personal/business loan (a) Secured. (b) Unsecured. (iii) Home loan. (iv) Income Tax, Wealth Tax and Property Tax. 7.5 Expenditure (i) Rent and maintenance including electricity, water and gas. (ii) Lease rental, if any asset taken on hire. (iii) Installment of any house loan, car loan, personal loan, business loan, etc. (iv) Interest to bank or others. (v) Education of children including tuition fee. (vi) Conveyance including fuel, repair and maintenance of vehicle. Also give the average distance travelled every day. (vii) Premium of LIC, Medi-claim, house and vehicle policy. (viii) Premium of ULIP, Mutual Fund. (ix) Contribution to PPF, EPF, approved superannuation fund. (x) Mobile/landline phone bills. (xi) Club subscripttion and usage, subscripttion to news papers, periodicals, magazines, etc. (xii) Internet charges/cable charges. (xiii) Household expenses including kitchen, clothing, etc. (xiv) Salary of servants, gardener, watchmen, etc. (xv) Medical/hospitalization expenses. (xvi) Legal/litigation expenses. (xvii) Expenditure on dependent family members. (xviii) Expenditure on entertainment. (xix) Expenditure on travel including outstation/foreign travel, business as well as personal. (xx) Expenditure on construction/renovation and furnishing of residence/office. (xxi) Any other expenditure not covered above. 7.6 General Information regarding Standard of Living and Lifestyle (i) Status of family members. (ii) Credit/debit cards. (iii) Expenditure on marriage including marriage of family members. (iv) Expenditure on family functions including birthday of the children. (v) Expenditure on festivals. (vi) Expenditure on extra-curricular activities. (vii) Destination of honeymoon. (viii) Frequency of travel including outstation/foreign travel, business as well as personal. (ix) Mode of travel in city/outside city. (x) Mode of outstation/foreign travel including type of class. (xi) Category of hotels used for stay, official as well as personal, including type of rooms. (xii) Category of hospitals opted for medical treatment including type of rooms. (xiii) Name of school(s) where the child or children are studying. (xiv) Brand of vehicle, mobile and wrist watch. (xv) Value of jewellery worn. (xvi) Details of residential accommodation. (xvii) Value of gifts received. (xviii) Value of gifts given at family functions. (xix) Value of donations given. (xx) Particulars of credit card/debit card, its limit and usage. (xxi) Average monthly withdrawal from bank. (xxii) Type of restaurant visited for dining out. (xxiii) Membership of clubs, societies and other associations. (xxiv) Brand of alcohol, if consumed. FAO 369/1996 & other connected matters Page 32 of 46 (xxv) Particulars of all pending as well as decided cases including civil, criminal, labour, income tax, excise, property tax, MACT, etc. with parties name. 8. Both the parties are also directed to file, along with affidavit, copies of the documents relating to their assets, income and expenditure from the date of the marriage up to this date and more particularly the following:— (i) Relevant documents with respect to income including Salary certificate, Form 16A, Income Tax Returns, certificate from the employer regarding cost to the company, balance sheet, etc. (ii) Audited accounts, if deponent is running business and otherwise, non-audited accounts i.e. balance sheets, profit and loss account and capital account. (iii) Statement of all bank accounts. (iv) Statement of Demat accounts. (v) Passport. (vi) Credit cards. (vii) Club membership cards. (viii) Frequent Flyer cards. (ix) PAN card. (x) Applications seeking job, in case of unemployed person. 9. The affidavit and documents be filed within a period of four weeks with an advance copy to opposite parties who shall file their response within two weeks

1 Like

Sidharth   06 February 2016

I have posted above affidavit format,  to give you idea , that what type of questions you are supposed to reply. 

And in case your case is in Delhi,  both parties are bound to give this affidavit

1 Like

Krish   06 February 2016

Thans a ton Sidharth Sir. Really your words fill some confidence in me.

I am from Andhra pradesh and mine is poor family back ground and recently joined in IT industry(In chennai), getting only 35000 Rs/- a month. Apart from that, no other assets and no other sources of income. My parents are completely depend upon me for thier survival. They live seperately in my village.

If I loose some amount in the name of maintenace to unscrupulous wife,  I  can't send any money to my parents.They will suffer lot.

Thans again Sir!!

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 February 2016

Personal loan taken right before the intitiation of the proceedings shall make the court even more suspicious of what you tried to do and hence will make the court come down even heavily upon you . If you tell me your wife's educational and professional qualifications , I can help You with certain judgements that shall ensure that her monetary claims are substantial tidally reduced / dismissed
1 Like

Sidharth   06 February 2016

Dear Krish,

You are also advised to maintain medical expenditure evidence/ details of your parents. 

Krish   06 February 2016

Thank you for the reply Augustine Sir and Sidharth Sir!!

 

@ Augustine Sir,

My wife has just studied 12th standard only and she is house wife. She never worked. Also, Our way of life style is lower middle class.

 

@Sidharth Sir,

My parents feel sick every now and then but they are not severe health issues. So I think I can not show any medical expenditure documents.

ANAMIKA VICHARE (LAWYER)     07 February 2016

taking up loanwoul makeno difference, if yo hv depends/liabilities, you can show up, but yo u must approch the court with clean hans, n why r u waitingfor 498a dv to be filed, instead if  you think that  you weremet out with cruelty, you file divorce petn n mention in that petitin how much gold jewellery you presented and whose custody th jewellery is, it is good for anticiptory bail hen alongwith 498a 406 is also lodged, bail cn b grnted

 

1 Like

Krish   07 February 2016

Thank you Anamika ji!!

 

 

ANAMIKA VICHARE (LAWYER)     08 February 2016

Pl do not createany docs anything intentionally this would hamper your case...otherwise it is betterthat you filedivorce petition

 

ANAMIKA VICHARE (LAWYER)     08 February 2016

Pl do not createany docs anything intentionally this would hamper your case...otherwise it is betterthat you filedivorce petition

 

1 Like

Ravi (a)     08 February 2016

i filed divorce and a big sec24hma awarded against me (in favor of my wife). i took lot of personal loan to pay the amount and my travel & living expenses to the court for every hearing. i am paying because my wife misused the laws. i will come out of 498a and DV in near future and then i will get a chance to file criminal cases on her and paretns & relatives and recover the same money.

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