U/s 18 of hindu adoptions and maintenance act 1956 (maintenance of wife )
radha raman karmakar
(Querist) 16 July 2012
This query is : Resolved
Honoruble advocates & others
After proving of mental disorder of wife, is there any way to demand maintenance from her husband? what the interpetition of wife as per law?
Thanking you
Radharaman karmakar(Adv.)
ajay sethi
(Expert) 16 July 2012
is it your case that wife was suffering from mental disorder before marriage?
or she has been diagnosed with suffering from mental illness and it has occured after marriage .
she would be entitled to maintenance if there is no supresssion of facts . it is at dsicretion of court
Nadeem Qureshi
(Expert) 16 July 2012
Dear Querist
if the fact in issue is that the marriage is void or valid only then the matter is for interpretation,in the matter of maintenance there is no boundation that if the wife is mentaly disorder, she is able to claim maintenance or not?
if she is unable to maintain herself and not living in adultery, and left her husband with reasonable ground she can claim maintenance according to law. It may be sec-24 of Hindu marriage act, section 18 Of HAMA and sec125 Of CRPC.
Feel free to call
radha raman karmakar
(Querist) 16 July 2012
before marriage of my wife she was having mental disorder and their parents did it cunningly which was detected after one month and 15 days from the marriage date in spite of that wife can claim maintenance ?
M V Gupta
(Expert) 21 July 2012
If the marriage was performed by suppressing the mental illness of your wife you should apply for annulment of the marriage. In such a case you may not be liable for maintenance. However until u prove your case your wife may claim for interim order for maintenance.
