Rohit (service) 11 May 2015
Dear Experts,
My ex wife submitted application in court for maintenance to pay home loan EMI. This is joint owned property and I am no longer paying EMI because she denied my entry to flat. My both kids are in her custody and I am already paying their school fees which is approx. 14,000 PM.
My monthly salary is 50,000 and she's is earning 35000 from her govt job. Home loan emi is 34000.
Please advise if this application is maintainable as per custody laws.
Thanks
Jayashree Hariharan (Advocate) 11 May 2015
custody law is for custody of children, but you are talking about maintenance, sir
Rohit (service) 11 May 2015
Yes, I have filed a case for child custody but in same case she submitted application for interim maintenance to pay home loan EMI.
saravanan s (legal advisor) 11 May 2015
is she your ex wife? then why are you still holding joint property and worrying about payment of emi.you both got to arrive at a compromise as to who is going to own the flat.the other person has to relinguish his right through a registered relinguishment deed.then inform the bank as to who will pay the remaining emi.settle this asap
since she is earning she cant claim maintenance for herself but only to her children.
Rohit (service) 11 May 2015
Sir, Divorce is not finalized yet, She is living in our joint owned flat.
I have child custody case going in court and in same case she submitted application for maintenance to pay EMI of home loan.
My question is regarding that application if this is maintainable under GW act.
Thanks,
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