I filed a divorce case against my wife in the year 2014. She is earning salary around Rs 35000. Her application for interim maintenance got rejected as she is a working woman.
We purchased a flat together with EMI amount Rs 43000. She is staying in this flat with her parents. I used to pay entire EMI of the flat, I stopped paying EMI as I am not staying in the flat and also because of bad behaviour of my wife and her parents.
Family court rejected her maintenance but asked her to file another application for Home loan EMI payment. In this application, family court ordered me to pay entire EMI of the house. The reason mentioned that husband is earning three times salary, it shows that he is trying to harass the petitioner financially and take advantage of his own wrong.
I challenged this order in the high court. For the time being hc asked us to pay emi 50 percent each. Recently high court rejected my application and ordered me to pay full EMI.
As per my lawyer court can not pass emi payment order under section (Section 151 of the Code of Civil
Procedure, Section 94(3) of the Code of Civil Procedure).
Please suggest me options to deal with this situation. can I challenge this in SC?
