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Psycho victim (Executive)     30 October 2013

Section 27 of hma

Dear Experts

Brief history of the facts, A 2BHK flat booked in the joint name of me and my wife. I was in private sector, wife in state government sector. The flat was booked in 2008. Wife assured to support by taking care of the family running expenses as I hesitated to buy the flat since my earning will be wiped off after paying the EMI for the home loan and other regular commitments other than family running and kids education expenses. The flat was handed over and the regular EMI started from Sep’09 onwards.

But my wife left the matrimonial home and started to live separately in a rented portion from Jan’10 onwards. She took away my kids also with her and mentoring them to hate me and not to talk to me. Whenever I visit her house to see them, she is telling me to get out as she is paying the rent for the home. She also blaming me I have not paid a single paisa for children’s growing up.

Now I have lost my job because of the mental torture given by my wife. Can I file a petition in the family court under Section 27 of HMA to make her pay the EMI of the housing loan now? The property is in joint ownership. The flat is rented out and I’m collecting the rent as I was paying the EMI till Aug’13. I informed her to collect the rent if she arranges to pay the EMI. I also informed her that I will pay for family running expenses by doing some odd jobs or business.

She filed RCR in 2009 and the same is pending even I had given my consent to live with her. I filed divorce in 2011 on mental cruelty and withdrawn the same in Jan 2013. I also filed custody petition for kids in 2011 and the same is pending. Now I had filed 2 IA petitions seeking the children’s interim visitation and custody during weekends and holidays and directing my wife to undergo a psychiatrist screening. Pls guide me…

Thanks.



Learning

 3 Replies


(Guest)

Dear querist,

 

Where is the cause of action here?? All things you have done then what is left here?

after reading your query , you both spouses are not knowing what is the next move????

 

1. Your story seems like Up and down variables. You are not constant as what you want.

 

2. Even your wife is not knowing as what she is doing for marital relationship.

 

3. If RCR is filled by her and even you also want to join her, then wht's the problem?If you wanted to get rid off her then why withdrawn Divorce?

 

4. I will suggest you to talk amicably for your rent and EMI problem before jumping U/s 27 HMA,as generally they are done when divorce process is going on.

 

5. You have already applied for child custody & Interim visitation then fight the case by showing as you are much capable of taking your child's responsibility.

 

6.But here,your wife can show much more better custody taker than you because she is in working lady and stability of Govt. sect employment and right now you are unemployed. So,better search a job for you and fight the case on merit.

 

regards.

 

Join hand’s to fight against Misuse of Law,their Legal extortion & terrorism.

 

Email: everysuffererisasaviour@gmail.com

                              AND                                 

Blog:https://everysuffererisasaviour.blogspot.in/

 

The value of freedom is measured by the cost of struggle,If you need freedom from suffering then you have to become a fighter ….as no other option.

 

 

 

 

 

1 Like

Psycho victim (Executive)     01 November 2013

Dear Saviour


Thanks for the reply. She filed RCR when I not actually deserted her. I only moved away temporarily near by my office and asked her to come forward for psychological counseling as she had shown the symptoms of 'psychiatric disorder'. But I used to spend my week ends and holidays with her and my children. In that situation she moved away from the matrimonial home to a rented home. When I went their as usual during week ends, I was chased away by stating that the home rent is being paid by my wife and she has the right to chase me away.

I replied to her RCR in the court stating her above behaviors and her denial of fatherhood to my children. The special counselor by the court diagnosed her to the symptom of 'delusional disorder' and gave the finding to the court in writing. But my wife not cooperated further for the counselings. Hence I filed divorce in 2011. She was contesting to that. I filed custody petition during end of 2011. In that also she replied that she is willing to live with me whole heartedly.

On seeing the delayed progress in the court and in best interest of my children, I withdrew my divorce petition and consented to live with her before the judge. My wife also consented to the same before judge. But on the same day evening she called me over phone and said not to come to her house and she is ready to give divorce to me. But she is demanding exorbitant money on the children's name to get divorce from me. She is also denying the fatherhood of the children as another condition.

She is not ready to either live with me or to get divorce from me. She is also continuously denying the fatherhood of my children and tainting me to them as a criminal, not caring them, not paying for their expenses, womeniser (to my 13 year old daughter),etc. The privacy between me and my children was lost for more than 2 years. Now I'm seeing the signs of adultery in her behavior.

As far as the job market concerns, I'm confident of securing a good job any time I wish. But I doesn't want to lose my reputation by joining in another company and under performing by the above tortures. All sort of mediation and negotiations failed as she is not listening to me /  anybody. Judge also continuously insisting to go for MCD with settlement and keep on adjourning by giving next date. Can I get some good guidance for further progressing in my issue....?

Thanks.

Psycho victim (Executive)     11 November 2013

Dear Experts


During the recent hearing, wife verbally said that she likes to withdrawn her RCR before the judge. But she expressed her non-willingness to live with me in the court. I have already withdrawn my divorce. Now only the children custody and two IA petitions are pending before the court. Now what could be the apt solution for this comes to an end. Pls advice.

Thanks.


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