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Breach of Decree in a Mutual Divorce.


31-Oct-2025 (In Divorce Law)
As per the decree I am in possession and ordered to pay the house EMIs till it is sold. I am the Co-borrower in home loan but my ex-wife is the primary applicant and solely owner. I continued to pay the EMIs to my ex-wife(as bank deduct EMIs from her account) and living alone in the house until last month my ex-wife called up and asked to vacate the house. I vacate the house within 24 hrs. Now She is saying that I have to continue pay the EMIs and threating.
Answers (5)

Answer #1
568 votes
If you are the decree holder you shouldn't have vacated the house in the first place . Also there are certain other things that need to be known to advice you correctly so connect with an advocate at the earliest to secure your rights .
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Advocate Anshul Dutt

Adv. Anshul Dutt

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Answer #2
933 votes
Your obligation to pay EMIs was linked to your possession of the house. Since you vacated on her demand, she can’t expect you to pay while she keeps the property. Send her a written notice that EMI liability ends as you’re no longer in possession. If she threatens, keep proof and file for modification of the decree in court.
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Advocate Adarsh Kumar

Adv. Adarsh Kumar

LawRatoDelhi | 400+ Answers
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Answer #3
819 votes
You may send her a written notice stating that you have complied with the decree and vacated the premises, and hence your liability to pay EMIs stands discharged. Keep records of her threats or messages for future reference. If she continues to harass or threaten you, you can lodge a police complaint under Section 506 IPC (criminal intimidation) and also move the family court for clarification or modification of the decree to formally record that your EMI obligation has ended.
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Advocate Paras Mahalwal

Adv. Paras Mahalwal

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Answer #4
769 votes
You are obliged to pay the EMI until court orders not to pay. However, you are within your rights to apply to the court and contest it on the ground of change in circumstances. For precise advice your facts and documents required as the above is general advice.
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Advocate Harshit R Gupta

Adv. Harshit R Gupta

LawRatoDelhi | 25+ Answers
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Answer #5
603 votes
why did you vacate in the first place? She can clearly not act or ask you to act against the court's order or decree it will be really great if you can brief me about the entire scenario and the legal issues between you and your wife
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Advocate Ujjwal Ashutosh

Adv. Ujjwal Ashutosh

LawRatoDelhi | 25+ Answers
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