• Divorce case going on - meanwhile got the notice in Sarfaesi Act

Dear Sir,
I am from Baroda Gujarat. 
There is Legal dispute going on Between Me and My wife. Me and my 17Yrs Son stay separately. My house is been used by my wife and daughter (19 Yrs). The house is joint property. Only Dastavege. Loan on my name and payment also made by me. 
Now since i have stopped payment of the Installments bank has given me notice under the Sarfessai Act. 
My question is since the tenure of 60 days is about to over. can i take out my personal belongings from that house ???
What actions/precautions should i take while doing this.
Asked 5 months ago in Family Law from Vadodara, Gujarat
Religion: Hindu
Fight the divorce case on merit if already filed otherwise file divorce case immediately before family court or district court based on cruelty or desertion as the case may be, fight the case on merit and get divorce, take help of lawyer personally if you are unable to fight yourself.

All belongings can be removed from Home which is mortgage with the bank and after that settled the matter with bank and sell the property and pay the bank dues or bank can sell the property through auction.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1) you are liberty   to remove your personal belongings from the house 

2) you should not stop payment of installments of the loan 

3) bank will seek to auction the house to recover outstanding loan amount with interest 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1) you have not mentioned whether your wife is working or not 


2) if wife is working court wont award her maintenance 

3) but you will have to pay maintenance  for the daughter

4) if wife is refusing to agree for divorce you have to prove the allegations made by you in your petition to be entitled to divorce 

5) as long as she is your wife she has right to stay in her matrimonial home 

6) after divorce you can file suit for eviction against her 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
The bank has given notice for recovery of defaulted loan amount only and not restricting you from taking your personal belongings out of your house.
You can very well take away all your belongings from the house nobody can prevent you from taking it away.
If your wife or children object to taking your personal belongings you may tke the help of police for protection to your life and limbs from their assaults if they attempt to unleash violent activity against you in the name of preventing you from taking away your personal belongings from the home.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
She is appearing in all cases related to Maintenance and any who goes for counselling she directly. I have tried to solve the cases out of court even the judge has also asked her to settle case, get the divorce and vacate the house but she has not agreed to it. Now how to get divorce from her. Because due to these all cases i have left the job also because she came to my work place too. My Daughter and In Laws are aware about her all activities.  She has also gone against all society rules too.

She may not cooperate for any settlement because her intention may be different or she has lost her senses and acting on a mindset  or depressive mood. 
You can do nothing about it than to fight out your case through court. 
She cannot take law into her hands for ever, the court will take decision after watching her conduct before court at one stage, so until then you may have to adopt patience.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1. It appears that the Bank has issued you Demand Notice u/s13(2) of SARFAESI Act, 2002,

2. If the demanded amount is not paid within 60 days, the Bank will take possession of the mortgaged property by issuing Possession Notice u/s13(4) of the Act for selling it to recover your dues,

3. The mortgage of the Bank is over the immovable property being the house and not on your movable belongings,

4. You can legally take away your personal belongings from the said mortgaged property legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. File a divorce suit against your wife on the ground of cruelty,

2. Pursue the case till you get the divorce decree and contest the cases filed by her fittingly. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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