Roshan Dalvi, J. - (1.) Rule. Made returnable forthwith. The writ petition arises out of an order of the Judge, Family Court No. 7, Mumbai dated 23rd August, 2011 rejecting the application of the petitioner wife and another application of the respondent husband in respect of the sale of their matrimonial home and the EMIs to be paid for the loans taken in respect thereof. The parties were married in 1997. They have two children. There have been disputes between them resulting in their separation and the consequent petition in respect of the matrimonial home initially filed by the wife in Family Court, Mumbai.
(2.) The matrimonial home is flat No. 703 in a building called Usha Garden. The flat was purchased in the joint names of the husband and his mother on 6th April, 2006. After the basic payment was made, loan from Citibank was obtained by the purchasers. EMIs towards that loan were not paid. Citibank threatened action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act).
(3.) The wife applied to direct the husband to pay the EMIs to protect the flat which was their matrimonial home. The husband by his reply applied to sell off the flat. The Court considered it improper to allow the husband to sell off the flat. The Court observed if that was allowed, the wife and children would have no premises for residence and "they would come on roads". However the Court did not direct the husband to pay the EMIs also. Hence both the applications came to be rejected under the order dated 23rd August, 2011 impugned in the petition.;