Pune: In a landmark ruling, the Pune court has directed a husband to continue paying the home loan for a jointly owned property, even though he no longer resides there. The court emphasized that the wife cannot be rendered homeless and that the husband must take responsibility for the loan repayments.
A domestic violence case was filed by Manisha (name changed), an IT professional, against her husband Sudhir (name changed), who is also employed in the same industry. After their marriage, the couple purchased a home together, with Sudhir agreeing to pay the entire home loan.
However, due to personal conflicts, he moved out and stopped making loan payments. As a result, the bank began issuing notices, and Manisha, unable to bear the financial burden, sought legal intervention.
Advocates Pratik Date and Dhananjay Joshi represented Manisha, citing the Santosh Naik vs. Saubhagya (Kerala) case. They argued that:
Manisha’s income was lower than Sudhir’s, making it impossible for her to pay the installments.
The Domestic Violence Act guarantees a wife’s right to reside in her husband’s home.
The husband cannot force his wife out of the house or make her homeless.
The court, agreeing with these arguments, ordered Sudhir to clear all pending loan installments and continue regular payments.
This decision offers significant relief to the wife and reinforces legal protections under the Domestic Violence Act. It also sets a strong precedent for similar cases where financial obligations persist even after separation.
Advocate Dhananjay Joshi stated, “Even if the husband is not living in the house, he is responsible for the home loan payments. The court has upheld the wife's right to residence, ensuring she is not left homeless.”