My sister got married around 18 years back and their married life was good with my brother-in-law used to be humble, down to earth person however my brother-in-law off late turned into a very different person, it looks like he is wasting lot of money, this money he got via various avenues inlcuding unsecured hand loans, personal loand, loans on credit cards, credit card cash withdrwal, loan against gold etc., All he has managed to do without my sister's knowledge and notice. My sister coming from humble background and a housewife trusting my brother-in-law very blindly. When he started defaulting on payments, people started coming to thier house for collection that's when things started to unfold. Upon asking my brother-in-law is absoultey silent, tight lipped and not speaking anything. He does not have bad habits like drinking alochol, however we supsect he could be playing online gaming or betting where I think he is loosing lot of money. Or he may be blackmailed by someone. Given this situation, what precatiounary measures my sister can take? Can she approach police station for filing a complaint? Can any women organization help her? Any legal way to protect my sister and her children? Please provide your solution/advise.
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Your sister should not act as guarantor of any loan
2) she should not agree for any loan being taken in joint names
3) she should file for divorce on grounds of mental cruelty .seek sole custody of children interim maintenance and alimony from husband
Your sister can deny and refuse to entertain anyone approaching her return of the loan amount her husband borrowed.
She should not sign any bond or agreement budging to any kind of sentimental or emotional pressure including threats.
To be on the safer side, she can initiate legal cases namely maintenance and domestic violence case for the acts of mental cruelty to show that she has no connection with her husband's personal activities.
Neither the police nor the women organisation would be of any assistance to her in this regard.
She can take the help of her relatives from her parents side to protect her interests.
- Since, the said loans are taken by her husband without her consent , it means that she is not a guarantor in any of the loan.
- Hence, she will not accountable for the payment of those loans taken by her husband.
- If she is facing financial problem due to his wasting of money , then she can file a complaint under the provision of DV Act against him , and thereby she can claim maintenance etc.
- In such type of cases both the parties are directed to disclose their income and expenditure before the Court , and hence he will submit the affidavit for his income and expenditure.
Her husband is already in trouble. A complaint with Police will only compound his present travails.
Ask your sister to be more sensible and compassionate to him so that he confided in her his actual problem and then its early resolution can be started.
This situation requires more personal touch than the legal wound.
Yes she can approach the women organisation or NGO for the same and lodge a police compliant
File a police complaint to document his suspicious financial activity.
Secure all financial and ID documents immediately.
Check his credit report to understand the debts.
Consult a women’s NGO or Legal Aid for free legal help and support.
Dear Client,
Yes, your sister has good legal powers to overcome financial abuses and among them are:
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Dear Sir/Madam,
Just one thing not clear from your question/query as the whether you have any grievance against brother-in-law or the people who are coming for collection, etc. If you wish to have any complaint against the brother-in-law then it's better to approach police or women organization and get the problem resolved. However, if you wish to help the family i.e. your sister and brother-in-law, it's better to approch him with care and humility to know the actual concern, approach the organisation from where the dealings were done and the amount got defaulted. Try to get this PAN CARD/ Number or any other source from which you get all the details and the work to sail out of all the troubles faced by them.
Your sister should immediately take legal and protective measures to safeguard herself and her children from the financial and emotional consequences of her husband’s actions. Her husband has secretly borrowed large sums of money through unsecured loans, personal loans, credit cards, and possibly gold loans without her knowledge or consent. Recovery agents have now started approaching their home, which has led to mental harassment and a threat to the family’s safety. His refusal to disclose the reasons for his financial conduct and his silence raises strong suspicion of potential online gambling, betting, or blackmail.
Your sister should collect all relevant financial documents such as bank statements, loan notices, credit card bills, and any written or recorded interactions with lenders or agents. She should immediately file a written complaint at the local police station, explaining the entire situation, including the suspected reasons for the financial transactions, her complete ignorance of the borrowings, and the harassment faced due to it. This complaint will serve as a formal record in case any creditor tries to harass her or her children.
She should also approach the State Women’s Commission or the National Commission for Women to seek guidance and support. These bodies can provide legal aid, assign a protection officer, and initiate mediation. In parallel, she should seek help from NGOs and local legal aid centers that specialize in helping women in domestic and financial distress.
Your sister can file a petition under the Protection of Women from Domestic Violence Act, 2005, citing economic abuse and emotional cruelty. Through this petition, she can seek a protection order, residence rights, monetary relief for daily expenses, and educational costs for the children. She can also file an application under Section 125 of the Code of Criminal Procedure to claim maintenance for herself and her children if the husband is not providing adequate financial support.
She must open her own bank account if she has not done so already and start separating her financial matters from her husband’s. If any assets are in her name or jointly owned, she should take steps to prevent unauthorized sale or mortgage.
Creditors cannot legally demand repayment from her for loans taken solely by her husband. She should avoid signing any agreements, settlement documents, or repayment assurances on his behalf. If recovery agents harass her, she should file a complaint under Section 506 IPC for criminal intimidation.
These steps will help protect her rights, secure her children’s well-being, and hold her husband accountable under the law.
In case you need my assistance in the matter I can be contacted on
Regards,
YUGANSHU SHARMA
SYS LAW OFFICES
