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 I filed divorce in 2011 on mental cruelty and withdrawn the same in Jan 2013.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.