• Legal advice on 498a and home loan

my wife has complained in women cell for fake 498a against me. i have already attended one meeting. she is also going to file a maintenance case against me. tell me if i can go for a home loan on my salary  this time as i am envisaging that she is going to make a drain to my salary.
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Muslim
Only income tax or other compulsory deduction can be deduct at the time of pass an order for maintenance.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
maintenance will be on the basis of your net salary,there is no harm in going for home loan.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Pendency of a 498A or maintenance case does not place an embargo on your right to apply for home loan. It is for the concerned bank/financial institution to decide whether you fulfill the eligibility criteria.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Home loan means buying a new property.
2. Since your wife is on the litigation process then more cases like one under PWDV Act is very much on the offing.
3.Once it happens then your new property may get acctahed or injunction order can be passed or even your wife may be directed to enter this house.
4. So act judiciously.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
dont purchase any property during pendency of 498A case . 

if you do so your wife will claim right to stay in matrimoinal home . 

better stay in rented flat till disposal of case
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. You can buy the property to show your less net income for paying her the maintenance amount,

2. However, if she files a petition for seperate accomodation stating that you already have a seperate accomodation then the Court may direct you to provide her the accomodation in the said flat,

3. In that case she will stay in the flat fotr which you will pay the EMIs,

4. So, find some other way since this is a risky proposal.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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