Implications related to divorce

Is the property of your father ancestral or self-acquired? Are your mother and you partners in the firm?  Did you and your mother execute the partnership deed?  When your father is going for loans in crores why did you keep silent without protecting him?

If a husband is intentionally damaging a business registered in his wife's name during a marital dispute, the wife can attempt to limit her liabilities by: immediately separating finances, documenting the husband's actions, consulting a lawyer to explore legal options like removing the husband as a signatory on business accounts, and potentially filing for divorce to initiate asset division proceedings; depending on the jurisdiction, she may also need to file a separate lawsuit against her husband for financial damages. 

Close any joint bank accounts and credit card.

Open new individual accounts in your own name. 

Inform creditors about the separation and request to be removed from any joint credit lines.

Keep detailed records of all business transactions, including financial statements, invoices, and communication with clients. 

Gather evidence of the husband's actions that are damaging the business, such as emails, text messages, or recordings. 

Initiate divorce proceedings to begin the process of asset division, where the court can determine who is liable for business debts. 

If the husband attempts to transfer assets from the business to avoid liability, the wife may be able to file a fraudulent transfer claim. 

Originally posted by : kavksatyanarayana
	Is the property of your father ancestral or self-acquired? Are your mother and you partners in the firm?  Did you and your mother execute the partnership deed?  When your father is going for loans in crores why did you keep silent without protecting him?

It is self acquired. They aren't partners but separate firms, one in his name, one in hers both managed by him, and his firm joined to our previous home and my mom's to another house which has more worth and firm related to her earned more so more loan on her name. 

We both have retaliated several times for him to not take loans this much, he is violent and abusive, and saying he has managed till now  and he will manage now also and that no business run without loan, and we don't know abcd of it, he has been doing that. I have several times tried to convince my mother but since I have just graduated and preparing for exam and my brother has just begun college , we aren't self dependent so my mother didn't take action yet and everytime considering that he will do good in business maybe if he takes this time she let it go

But since the limit has crossed by him now by repeatedly doing same things , we are trying to move ahead

It is better your mother to transfer the amounts in your account and keep the acc*ntd details confidentail. SInce your father has aviled loans on your mother's name she can issue general notice to public stating that she won't be  liable for any liablity or borrowings. you should issue notices to banks too discalimg your laiblities. Your father may be habitual to such things and it is better to keep yourself away from him.

Business losses, loan for business, lending money to female(s), mortgaging property to obtain loan are required to be dealt individually and separatly.  

Similarly extra marital affair and divorce are different subjects which has to be dealt altogather separately.

It is appropriate to consult a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding.

Hi Ms. Yukta,
Your mother’s situation involves significant financial and personal challenges due to your father’s actions. Here’s a structured approach to address these issues:

1. Legal Grounds for Divorce:
Adultery is recognized as a valid ground for divorce under various Indian laws, including the Hindu Marriage Act of 1955 and the Special Marriage Act of 1954. Your father’s repeated infidelity, especially his public declaration of seeking divorce on platforms like Shaadi.com, strengthens your mother’s case for divorce.  

2. Financial Liabilities and Unauthorized Loans:
Your father has taken substantial loans in your mother’s name, leading to significant financial strain. The Uttarakhand High Court has recognized that taking loans in a spouse’s name without their consent and failing to repay constitutes cruelty, providing grounds for divorce.  

3. Preventing Further Unauthorized Financial Actions:
To safeguard against additional unauthorized loans:
 • Secure Financial Documents: Ensure all personal financial documents, such as chequebooks and bank statements, are inaccessible to your father.
 • Notify Financial Institutions: Inform banks and financial institutions in writing about the situation, explicitly stating that no loans or financial transactions should be processed without your mother’s direct consent.
 • Monitor Financial Accounts: Regularly review all accounts for unauthorized activities.

4. Legal Steps to Protect Assets and Rights:
 • Consult a Family Law Attorney: Seek immediate legal counsel to understand your mother’s rights and to initiate protective measures.
 • File for Judicial Separation or Divorce: Initiating legal proceedings can help in legally separating finances and liabilities, potentially preventing further misuse of your mother’s financial standing.
 • Document Evidence: Maintain detailed records of all instances of financial misconduct and adultery, as this evidence will be crucial in legal proceedings.

5. Addressing Existing Debts:
 • Negotiate with Creditors: Engage with banks to explain the situation. Some institutions may offer restructuring options or settlements, especially if the debts were incurred without proper consent.
 • Explore Legal Recourse: Depending on the specifics, there may be legal avenues to challenge debts fraudulently incurred in your mother’s name.

6. Personal Safety and Well-being:
Given the emotional and potential physical abuse, prioritize personal safety. Consider temporary relocation and seek support from local authorities or support groups if necessary.

For further consultation, contact me at adv.vishesh@icloud.com

The facts posted are too confused or allowed to be confused. Marital discord and business discords are two different aspects. It is impossible that the husband can take loans on the basis  guarantee or surety provided by his wife without the latter's informed consent.