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ravi (instructor)     13 January 2014

Recovery case

 In Aug 2007 my wife had taken education loan  in which I was co  borrower and my father was guarantor. I regularly paid  loan interest from joint account with my wife. After completing education  in 2009 she paid 4 installment and then She stopped paying installment .After few month bank declared NPA and filed civil suit for recovery against my wife (applicant),against me (co borrower) and my father (guarantor). Bank also put  case under sec 138 against me as I had given security cheque from my individual account.

 Due to  this I   repaid  the loan amount   from my saving account on 18/1/2011 and got NOC in my name from bank and filed divorce  case which is decided in my favour on the ground of cruelty on 8/may/2013..

Now I want to know that

 

  • 1.      Whether I file recovery case against my five now
  • 2.      What is time limitation for this case as I repaid whole amount on 18 jan 2011.
  • 3.      Can I file this case from my father side as he was guarantor but amount paid by me
  • 4.      My advocate advise me to put civil defamation case from father side instead of recovery case.
  • 5.      Any other relief suggested


Learning

 3 Replies

Simi Salooja (Legal Secretary)     13 January 2014

You can file a recovery case against your wife... but see to it that you have all the documentary evidences...

also be prepared to pay the court fee, whcih would depend on your demand value.

according to mi.. defamation is a completely different issue than recovery..

see if cheating or breach of trust suits you...

rest is your call

all the best

Adv Simi

9967642220

Mumbai

adv.raghavan (Advocate,9444674980)     16 January 2014

It is not advisable to go for any suit now as the divorce proceedings are over now  and  to go for recovery proceedings against the ex wife is not encouraging and  it is time consuming and expensive also 2, limitation ends on 17/1/14, 3, I advice the same to your father also 4, As far as your advocate call is concerned u have to take a call.

T. Kalaiselvan, Advocate (Advocate)     27 January 2014

I endorse Adv. Raghavan's opinon on the subject.


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