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Sohail arif   08 July 2024

Loan debt to be taken from maintenance amount

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?


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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     08 July 2024

No, it is not possible for attaching the maintenance order to repay her personal loan, she is just threatening you without any base.

P. Venu (Advocate)     08 July 2024

CrPC provides specific procedure for enforcement of maintenance granted under Section 125.

Dr. J C Vashista (Advocate )     09 July 2024

Maintenance arrears and personal loans are two different subjects where separate laws apply. Legally wife (Decree Holder) will be at liberty to file execution for arrears of the awarded amount, which cannot be clubbed with a loan for her maintenance. You have already engaged an able, competent and intelligent lawyer who is well aware about facts and circumstances of the case, what is his / her opinion and advise, have faith and proceed. if it is a real (not hypothetical) problem. Prima facie it is moot court topic for debate or time pass post.

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