What legal action can be taken against breach of divorce decree?

Hi, I have been divorced from my wife for over a year now. As per the decree terms, I am in possession of the house and was ordered to pay the EMIs until it is sold. I am the co-borrower on the home loan, but my ex-wife is the primary applicant and sole owner. I continued to pay the EMIs to my ex-wife (as the bank deducts them from her account) and lived alone in the house until last month, when she called and asked me to vacate it. I vacated the house within 24 hours. Now she is saying that I must continue paying the EMIs, otherwise it would be a breach of the decree and she will take legal action. I even paid two months’ EMIs after vacating the house. I am not bound to pay any maintenance to her or the children as per the decree. I have visiting rights for the children, but she never allows me to meet or talk to them, always giving vague excuses. She is well-educated and earns a handsome salary (higher than mine). Can she legally challenge me? What legal remedies do I have? Please guide.

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Advocate By LEAD INDIA Answered: 31 Oct 2025

You can approach the same family court to modify the divorce decree, as you no longer live in the house and still paying EMIs is unfair. Show proof that she took possession. Also, file a contempt or enforcement petition for denying your child visitation rights. The court can stop your EMI liability and protect your visitation. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number. 

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