Doubts

Hello Ld Members,

I am taking a personal loan in my name and want to gift that amount to my sister.

Technically, you can give away the entire of your earnings to anyone, but that does not cover you from not paying maintenance to your wife.

Can the EMIs be considered while awarding any maintenance order in favor of my wife?
If that makes you think you are smart, that showing such money given to a third party such as your sister, will save you from paying maintenance, you are so very wrong.  There are many other smart ways not to pay wife maintenance, than what you are thinking.

We were staying in a flat that was in my sister's name and there are no properties in my name. Can still my wife get any residential rights in that home? We both were staying in this flat since marriage.
There is no connection between your not having property or having some property in your name to that of maintenance.  Maintenance is what the court will order for a woman who does not have the sources of income in order to maintain herself.  There is no connection between your wife and your sister, and the flat in question.  Your wife cannot enter such premises as it is third party house, but she may try to enter such house by getting legal orders from court u/s 19, 23 of PWDVA 2005 that too with police protection.  I advice you against staying with your sister given todays time and age and that too with women centric laws, if your wife would want to harrass you all in some way as described above through PWDVA.  Move out of your sisters flat, and you may continue paying EMIs of sisters flat, but that wont be covered under expenses to arrive at take home income.
Please advise.

Thanks !!