Can loan be availed if case is pending

Querist : Anonymous (Querist) 26 February 2021 This query is : Resolved
I am a married person. In 2016 i had run away with my girlfriend and returned after few days. We have not married. Since then i am living separately from my wife. My wife has filed section 494 and 498a against us. My girlfriend works in a bank and wants to apply for home loan. With the case still pending, can she apply for home loan?
My wife has also filed domestic violence and dowry case against me. Can i stay with my girlfriend or can my wife or my girlfriend's parents create more legal trouble?
Can i file divorce petition on the basis of cruelty for the cases filed against me? My wife is not attending court proceedings in section 494 and 498a. She only attended twice or thrice in past 4 years. She even clearly told me that she wants to trouble me so i will have to go to courts again and again. She has even changed her address and mobile number so court summons cannot be sent to her.

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Guest (Expert) 27 February 2021
Your First Wife is your Legal Wife. Your Second Marriage is Not an Legal Marriage.

Guest (Expert) 27 February 2021
We are here to Provide only Legal Guidance. Applying for Bank Loan mentioning your illegal person as Wife would be an Offence. First Complete the Divorce Process . Discuss with your Advocate.

Querist : Anonymous (Querist) 27 February 2021
Sir let me explain again. I had married my wife in 2009 and run away with my girlfriend in 2016. I have not married second time. But my wife has filed false case u/s 494 and 498a. I just want to know whether i can live with my girlfriend or will there be more legal trouble? My girlfriend wants to apply for loan in individual capacity and not as my wife. Does abandoning spouse amount to cruelty?

Advocate Bhartesh goyal (Expert) 27 February 2021
Your girl friend can apply for loan in her individual capacity but sanction of loan depends on subject to fulfill of banks conditions .If you wants to live with your girlfriend then be ready for more criminal cases and their consequences.

Guest (Expert) 27 February 2021
Supreme Court had decided Adultery should not be treated as an Criminal Offence and it could be only an. Legally Valid Ground for Divorce

P. Venu (Expert) 27 February 2021
The query suggests no legal elements other than giving publicity to your acts and omissions challenging morality.

kavksatyanarayana (Expert) 27 February 2021
When you married and lived with your wife for some years. You did adultery and asking for escaping. As said by the learned expert Mr.Rajkumar alias narasimha sir, we can give you a reply for legal query. Is there any morality?

Dr J C Vashista (Expert) 28 February 2021
Applying for a Bank loan by your girl-friend is not related to your live-in relationship.
If you did not marry your girl friend it do not attract the provision of section 494 IPC accoridingly the case is bound to fall flat.
You are required to contest the case(s) under the provisions of Protection of Women from Domestic Violence Act, 2005 and others slapped by your wife.
Divorce may be filed by you on account of cruelty but there is no desertion on the part of your wife.
It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

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