Legal Question in Banking Law in India

Hi,

I am a lady 40 years old divorced and remarried. I have two queries if anyone could answer the same.

1. Somewhere in 2005-06 a personal loan was taken on my name by forging my signature and giving my documents by my ex husband which I was not aware of. As he was running a small travel agency under my name he had all legal documents pertaining to me for the agency purpose. However in 2007-2008 he shut down business as it was in a loss and left the house taking away all valuables deserting me and my son at that time 7 yrs old. We did not know about his whereabouts for a year after which we got to know he is working in Mumbai for a Delhi company. On contact him he did not bother to come or be in touch with us or give me any money for our survival. We had only one contact cell number where we could call or leave message and as he wanted would speak or not. This went on for near about 4 years finally in 2012 I applied for a seperation on mutual basis which he agreed to give as earlier he was not even ready to do so. He agreed only on the basis that he will not pay me any alimoney except Rs.10000 per month for the son, which he did pay for few months in the begining and then said cant as has no job and since last one and half year have not got any money from him.

1. My concern is the bank is come up know stating I have to pay his amount that is outstanding. They are not ready to understand that I have a responsibility of the child and take care of myself. Kindly advice what action can the bank take in this situation and what I am to do.

2. Secondly I got remarried in 2012 and have changed my sons name as my husband has adopted him. My ex-husband says is not liable to pay any cash as per divorce even for son as he is not meeting him and not talking to him. The child refuses to meet or talk as he busy with his schedule and friends. Kindly advice what should I do in this situation. Is he challenging me coz I have changed the childs name. Does he not be liable incase the childs name is changed though he is a biological father.


Asked on 3/26/14, 5:07 am

3 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

He has no liability towards the son as the son is now having an adoptive father. As far as the bank is concerned, kindly write to the bank stating the entire episode or send them a legal notice to recover the money from your ex husband. Moreover file a police complaint against your ex husband and then report the same to the bank also, expressing that you have no liability. In case the bank files any litigation against you, you have a fair defence. You may drop in a detailed query at [email protected]

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Answered on 3/26/14, 5:42 am
Fca Prashant Chavan Expert Edge LLP

26.03.2014

Repeat query. Already answered.

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Answered on 3/26/14, 8:35 am
veerabahu kannan

Your former husband the father of the boy is liable to pay maintenance to him if son is minor and is not able to maintain himself even in case the child's name is changed .

For the amount borrowed in your name forging the signature and fabrication of false documents, you are not liable to the bank for the said personal loan.

Nellai v kannan 9443154058 [email protected]

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Answered on 3/27/14, 3:28 am


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