Rita---------- (T) 15 December 2014

Husband harassment

My husband has filed a divorce case. And after that I HV filed domestic violence application against him.in mediation he offered me house whose

pending emi I have to pay.The court forced him to shell out 30 lacs as he is not concerned for chid's welfare since he was born.He said he will give me 30 lacs in child's name which I cannot withdraw,only use the interest for my child.I did not accept it.Now litigation will start.To harass me further,he has stopped paying EMI.In his petition,he is claiming the house is his,though I am the first owner of the flat as well as co borrower.Now my stand is I will not be paying emi ,though initially I have paid some parts.But if u r trying to prove that house is yours ,you cannot burden me with EMi.I am completely taking care of my child .He threw us out of the house one night and the were many other harassments that I had to file DV against him.

My question is what will be the consequences if I also won't pay EMI,what will the bank do against our flat.He is in need of divorce as he has affair with one of the employee where we work.He doesn't want to give me anything and harassing me to sign for mutual consent divorce from 4 years with his parents support.He is from higher upper class earning family.

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gautam (not disclosed) 16 December 2014

Originally posted by : Rita----------

My husband has filed a divorce case. And after that I HV filed domestic violence application against him.in mediation he offered me house whose pending emi I have to pay.The court forced him to shell out 30 lacs as he is not concerned for chid's welfare since he was born.

How has the court forced? Have they passed the judgement?

He said he will give me 30 lacs in child's name which I cannot withdraw,only use the interest for my child.I did not accept it.Now litigation will start.To harass me further,he has stopped paying EMI.In his petition,he is claiming the house is his,though I am the first owner of the flat as well as co borrower.Now my stand is I will not be paying emi ,though initially I have paid some parts.But if u r trying to prove that house is yours ,you cannot burden me with EMi.I am completely taking care of my child .He threw us out of the house one night and the were many other harassments that I had to file DV against him.

If EMI stops, the loan will amount to be defaulted, in such case, eventually bank will auction the property and after deducting the outstanding amount will pay the balance to the registered owners as per the title deed, irrespective of who paid the initial amount and EMI.

If mutual terms fails, let law take it own course and the courts will pronounce judgement.

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Advocate Ravinder (Advocate/Attorney) 16 December 2014

In the above circumstances, do not insist him for any House. You simply file a petition for arrears of maintenance to you and your children. If he does not pay the arrears file another petition to send him to prison. Then he will come to understanding with you. Unless you get all the arrears of maintenance, do not accept for mutual consent divorce or any divorce. for further doubts you may contact me 7893011777 or ravinder2345@gmail.com.

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Rita---------- (T) 17 December 2014

We went through mediation suggested by the other lawyer.The mediator was the judge.He was the one who forced him to agree to 30 lakhs.If he is now outside India,cannot law be forced upon him to be in India if we have filed domestic violence case against him.

T. Kalaiselvan, Advocate (Advocate) 23 December 2014

You said he has filed a divorce case, who is taking care of the case in his absence in India?, What about the maintenance case?, have you filed one or whether you have asked for maintenance in the domestic violence case itself? The mediator's order for grant of 30 lakhs will not be binding, an offer to that effect by the court only will be binding. You have done a mistake, you should have taken that amount that time itself, even if it was deposited on your child's name also because you are going to derive the interest portion from that. Moreover, the deposits cannot be made for very long years, it has to be periodically renewed, that time you could have utilised the money. Even now you be stubborn on your stand about not to give divorce to him, he will come to negotiable table upon which you can decide all the terms and conditions. Stopping to pay EMI to bank will result into the bank taking action of recovery through auctioning the house, be aware of the fact of losing the house if you ignore payment of EMI.

Rita---------- (T) 24 December 2014

His mother is given power of attorney to represent.We have filed for mainteace in DV application.My lawyer has put this point also in the application that I am willing to pay EMi to show that later that I am equal share holder of the house .

Was this required?Do I need to pay when he his family is pretty wealthy.My lawyer said that if you are co borrower ,you have to pay.So he added that point in the DV application.

Just came to know that he paid this month's EMI.My lawyer had told me we days back that he has interest in the house,he will not stop paying EMI.only that his balance would be of enough .

For DV application ,don't we need the other person when the application is heard.Can't we ask for that to the court.