Since car is hypothecated to bank car would not be auctioned by court 

1. The court in recovery of arrear maintenance can attach moveable assets of the husband which includes car.

2. Even though the car is hypothecated to bank the court by attachment can create charge upon it.

3. Since it will be very complicated situation for you, it is better to make payment in court to get the order of attachment vacated by court.

Until the car loan is fully repaid you cannot claim the ownership of the car. 

Hence when the court issues notice to attach the car for security towards the payment of arrears  amount of maintenance,  you may furnish the details of the car loan and can inform court that you have not repaid your loan hence the financier to be impleaded as necessary party and can strongly object for the move of attachment 

Yes if amount is not paid the court may order if attachment 

- Since, this car is under hypothecation with financier , it means that the ownership remains with the financier until you complete repayment.

- Hence, without getting the permission /consent of the financier , the court cannot sell it . 

- You can mention to the court , that this car is not under your ownership. 

Dear Client,

If the court orders the attachment of your car for non-payment of interim maintenance, the procedure is as follows:

1. Attachment Order: You, the financier, and the court are informed of the attachment order in relation to your property.

2. Hypothecation: Since the car is hypothecated with the financier taking the risk, the financier’s interest will be considered. It nullifies any other interest the financier may have on the vehicle because of the loan granted.

3. Auction: The court can sell the car, but what is usually realised must be paid to the financier in the balance of the loan. The balance will be used to pay the maintenance dues if, at all, there is a remaining balance out of the total amounts gained.

The court will liaise with the financier for confirmation of the remaining balance of the loan and then seek to be certain that the financier’s claim is sorted out before establishing that of the maintenance payment.

You have to cooperate and disclose where you have kept  the car so that court orders are complied with 

it can be attached from where ever it is found 

The court will not go behind the location of car.

Firstly it is the claimant who has to furnish the details and location of party for initiating appropriate action to recover the arrears amount 

- The court may direct your wife to co-operate the official of the court to search the car 

- Otherwise , the Court cannot take help of any enforcement department for searching the car. 

Once order passed the enforcement agency will do its job 

Dear Client,