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Loan debt to be paid from maintenance decree


08-Jul-2024 (In Divorce Law)
My wife filed a CRPC 125 maintenance case and court has ordered Rs.25000 per month but I have not paid a single rupee for the past 2 years. My wife is threatening that she will take a personal loan and default it wilfully and when the bank sues her then she will attach the maintenance decree for loan payment. Can she do that? Can she get order from the Family Court Judge to get her loan debt paid from me? Read more at: https://www.lawyersclubindia.com/forum/create_message.asp
Answers (3)

Answer #1
785 votes
Dear Sir, It is very difficult for her to attach the maintenance decree to recover her bank loan. If you have no immovable assets then she cannot do anything but FLW and NBW maybe issued against you to recover her arrears of maintenance. You need not sign any papers for her loan and it is better to keep silent.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
872 votes
okay I understand your questions so she took loan from bank she already took order from court for maintenance now she is block mail to attached the court decree to bank right she is defulter in the bank no it is not possible only she have a right to asked the maintenance not for debt amount at bank if she take a NBw from court againest you you can arrest with police so regularise the maintainance ammount Or stay the maintainance order at high court best safe for side in future.
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Advocate Bhagya C H

Adv. Bhagya C H

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
533 votes
yes she can now also she can do without taking loan and all better you file an appeal for the order which your not able to pay due to show some reason or cal me any further information I will help you ...
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Advocate Somashekar S. M.

Adv. Somashekar S. M.

LawRatoBangalore / Bengaluru | 200+ Answers
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