A.
Dear Client,
First of all, be informed that there is no provision for nominee in a personal loan or any other loan availed of from a Bank. In a loan agreement, there are a primary applicant(Borrower) and co-applicant or surety/guarantor who are legally responsible for repaying the outstanding amount if the primary borrower fails to repay the loan and their express consent is required to implead their names as co-applicant or guarantor in the loan agreement. Thus it appears that your husband has made you co-applicant to the personal loan availed of by him from bank without your consent or knowledge using your authority or identity by fraud. In that scenario, you can lodge an FIR against your husband for criminal breach of trust and cheating under Sections 316 and 318 of the Bharatiya Nyaya Sanhita(BNS), 2023 with the local police station which is crucial for further investigation into the matter. Further, misusing one's authority/identity and other documents with mala fide intention without his or her knowledge is a form of "economic abuse" and "emotional abuse" as defined under Section 3 of the Protection of Women from Domestic Violence Act,(PWDVA), 2005. Under Section 12 of the Protection of Women from Domestic Violence Act, 2005(PWDV), any woman who is, or has been in a domestic or family relationship with the persons and who have been subjected to domestic violence, can lodge an FIR against him/them at the local police station for redressal of her grievance. Under Section 12(1) of the Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may directly present an application to the Magistrate seeking one or more reliefs under this Act that include right to reside in a shared household, protection order and residence order. Therefore, considering the complexity and potential legal consequences involved in the matter, it is advisable to consult with an Advocate to understand your rights and remedies to navigate the issues correctly and effectively.
Posted On 23-Sep-2025
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