LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul Bose (Student)     05 March 2013

Loan taken from friends and relatives

Hi,

I am anticipating divorce,HMA 24 and HMA 25. I have taken loan from friends and relatives for the purpose of buying land plot in name of my father. Will this loan be considered while determining maintenance/Alimony amount? if Yes then will internet transfer receipt be enough for showing it as loan or do i need to prepare some kind of legal document for the same?

Regards,

Rahul Bose



Learning

 5 Replies

Tajobsindia (Senior Partner )     06 March 2013

1. Legal docs. for loan supplemented by CR / DR bank statements if required to back them up.

2. You also need a persuasive pleader to your side to include such private Loans as your liabilities when deciding interim maintenance as few HC’s now know husband’s side ‘anticipated’ smartness and thus may not consider such deductions.


Also are you not expecting sprinkle of few criminal family law Sections of IPC / CrPC from her side?

 

stanley (Freedom)     06 March 2013

Originally posted by : Tajobsindia
Also are you not expecting sprinkle of few criminal family law Sections of IPC / CrPC from her side?

 

ROTFL ..............SPRINKLERS :-) 

I wish to start a production of irrigation sprinklers and naming the various models like DV , 498 A etc and would require a marketing network for the same . Any one here to join me :-) 

DV , 498 A ,CRPC 125 , HMA 24, 25 etc etc 

As per newtons third law of motion for every action ( Divorce ) there is always a equal and opposite reaction ( DV , 498 A ) 

Rahul Bose (Student)     06 March 2013

Thanks Sir, I am flooded with criminal cases, sprinkle would not fit in my case ;)

Rahul Bose (Student)     06 March 2013

@TAJOBSINDIA, what kind of legal docs would be acceptable in court?

Tajobsindia (Senior Partner )     06 March 2013

1. You have to get a Notarised Promissory / IOU on legal sheet prepared with key provisions of loan such as;
- Loan amount

- Interest and Security

- Terms and Repayment

- Representations of Guarantor And Lender

- Events Of Default And Consequences

- Termination of The Agreement

- Demands etc.

A local lawyer should be consulted who will charge fees and prepare one for you instead of D-I-Y.

2. The loan amount if above 20 K then cheque trail should be annexed for a family law related Court case with Bank Statement to make whole exercise look legitimate in eyes of law and then persuasive pleadings cometh to consider it in a family law related maintenance case or not.

Now ignorance smart bolt out of the blue reads something like this:
BTW the other day I heard in a DB hearing, one of the Jstc. in Karnataka HC telling a husband “OK we consider such large loan you are showing to us as some sort of your legitimate daily needs, if your relatives are willing to lend you such large loans then sweet talk your way to them again and they jolly well can give you more to pay to your wife and you can meet her arrears………..!”


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register