Rohit (service) 30 October 2014

Matrimonial dispute

Hi Sir,

Me and my wife had a fight and she thrown out of my house. Earlier she was ready for mutual divorce but now she stopped all communication and not coming forward to discuss any this. She is in possession of my flat (jointly owned). Back EMI are set to deduct from my account. Can I stop paying EMI, she is also co-borrower in housing loan. Please advise what are my options in this situation.

Regards,

Rohit

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5 Replies

(Guest)

You were thrown out of your own house by your wife? How did that happen, explain.

Stop paying EMI. Rest bank people will do the magic required. Try to convince for MCD again. No use roaming to court. Nobody really cares what happens to you than yourself. Open your eyes, opt for MCD, give one shot alimony and get rid of the headache.

HEMA MALLIYOT (advocate) 30 October 2014

In respect of Housing loans availed jointly ,liability is co existent.In other words, banks can recover the liability from either borrower.It is advisable to remit the EMI with out default and keep proper records for claiming proportionate amount from the co borrower at the time of mutual settlement.Please try to solve the issue through mediation if your wed lock is still in repairable condition.All the best!

Rohit (service) 30 October 2014

Sir, It was because of very small issue, actually we are going through this from quite a long time now. This time on very smaller issue she started argument and then physically hit my badly, I have not hit her back as she have put a complain against me in past for domestic violence. She throw away my cloths and then take me to advocate to discuss about Mutual Divorce, I was agree to her all condition except one, I wanted to transfer my share in property to my kids rather than her. But she demanded 100% share in property and 35000 PM for maintenance. After that she stopped all communication and stopped my kids to call me. Now she is not coming for any settlement and living in out jointly owned property. I don't want to pay EMI as I am not living there.

AS 31 October 2014

go with helping hand suggesion , make more sense to me.

harrassed (SE) 22 November 2014

Rohit,

I'm not an advocate, but, I would like to keep you informed about EMI's. Please continue paying EMI as mentioned by Hema. That show's your good intentions. (You don't want to end up in other hassles from your bank, Remark in CIBIl, etc). Remember that there will be an end for everything. Be patient. If you want to live with your wife, please try to convince her directly or through a common person. If not, go for divorce. Again, wife cannot have 100% share as this is co-owned by you.

Good Luck.