mrs. homemaker (none) 20 January 2012

Request urg advice

I have filed a domestic violence case against my husband, who has been harassing me since I discovered his extra marital afffair with a bar dancer, and since then has stopped monetarily and emotionally providing for me. He has deserted me and is living with that woman. Also he has stopped paying emis of the home loan taken by him. The house is on joint name. But i am a house wife and have no source of income. The bank has sent a notice of NPA.The notice period of 60 days is about to expire. What would be the banks next step? Kindly advice if i can get a stay order on the banks notice till the final hearing of my DV case? Any other advice is requested too. Thanks.

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2 Replies

sanjay kumar (BE/ LLM in Corporate Laws) 20 January 2012

At this moment, Section 13(3A) of SARFAESI Act is at your rescue. Under this Section, you can make a representation to the Bank, within 60 Days of the Notice, explaining your position along with necessary details. However, the Bank ,may or may not accept your representation.

Meanwhile, you can request the Court to issue a Stay-order, till your Divorce Application is decided. Do take care that the aspect of EMI is taken care of in Divorce Case Settlement.

This is the only course available to you at the moment.

subodhkumar (proprietor) 20 January 2012

madam,

you have not mentioned when you have recieved the letter from bank,you will have to take efforts to sort out the matter where is your husband working or in business because he too much have recieved the notice of the bank or atleast he must be knowing, anyway have you signed in person on bank document ,is the house you are staying is financed or is there any business finance of your husband please clarify properly to give you right advice ,which place you are located

subodhkumar, e mail: daxkumar_123@rediffmail.com