Estranged husband must pay home EMIs
Rebecca Samervel TNN
Mumbai: Acity court has held that by not paying EMIs on a home loan, a man was denying his wife the right to reside in her house. The court ruled in favour of the woman whose estranged husband refused to pay the equated monthly instalments for a Sion flat on the grounds that she had thrown him out of the house and forced him to stay in his office.
“In this case, the petitioner is a housewife, the respondent (husband) is the sole breadwinner. By not paying EMIs, he has tightened the noose of the money purse. As he is the sole breadwinner, it is his primary responsibility to clear the loan,” the court said.
The court held that the right to reside in a matrimonial house is protected under section 17 of the Protection of Women from Domestic Violence Act. It observed that the deprivation of an economic asset also amounted to economic abuse under the Act.
“The provisions ensure that every woman in a domestic relationship shall have a right to reside in the shared household whether or not she has any right, title, interest or beneficial interest in the same. It also provides that the aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent,” the court said.
Wife feared flat would be attached
Mumbai: A city court has directed a man estranged from his wife to pay the overdue amount of Rs 2.83 lakh on his home loan and continue to pay the monthly EMI of Rs 27,000. The estranged couple have four children. The flat stood in the joint names of the couple.
In her application, the wife alleged that the bank had threatened to take harsh measures to recover the loan amount. In court, she also produced a notice which showed the status of the flat as a non-performing asset. Looking at the other contents of the notice, the court said that it confirmed the apprehensions of the woman that the property may be attached and sold for the recovery of the loanamount of Rs 25 lakh.
Source::: The Times of India, 14-10-2013, p.01, http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/10/14&PageLabel=1&EntityId=Ar00105&ViewMode=HTML