Maintenence to wife and divorce
Querist :
Anonymous
(Querist) 30 August 2024
This query is : Resolved
Hi. I am pankaj, 44 years old. Been married for 14 years and 1 daughter of 13 years.
.y query is my wife is asking for divorce as marriage seems irrevocable as she is psychiatric patient suffering from depression. She is asking me.to get her rented accommodation, pay for child education on actual, pay for her house ration, medicine, lumsum 40k.
I earn 2.lac per month
Please suggest how much I am supposed to pay her and what documentation/ legal formalities are involved
T. Kalaiselvan, Advocate
(Expert) 30 August 2024
If she is approaching court for maintenance then the court will decide based on the details of assets and liabilities submitted in the form of an affidavit by both the people and if she is found not have any independent source of income to sustain her expenses, then the court would make a liberal grant of at least one third of your salary amount towards maintenance to both of them besides passing an order to take care of your child's education expenses.
kavksatyanarayana
(Expert) 30 August 2024
You stated that your wife is a psychiatric patient, so why did you not consult a doctor in the field? and how can she ask if she is psychiatric and depressed?
Querist :
Anonymous
(Querist) 30 August 2024
Hi...wife is getting treated for her depression/ borderline personality disorder from psychiatrist/ neurologist from last 0 years
Querist :
Anonymous
(Querist) 30 August 2024
Hi...sorry she is getting treated for last 9 years. wife is getting treated for her depression/ borderline personality disorder from psychiatrist/ neurologist from last 9 years
T. Kalaiselvan, Advocate
(Expert) 30 August 2024
A mentally disabled person cannot sue nor can be sued
Hence you prove her mental illness with documentary evidences and get her cases dismissed.
SIVARAMAPRASAD KAPPAGANTU
(Expert) 31 August 2024
Your wife is seeking divorce on her own, only because of her depression? If that is so, in all fairness, it is your responsibility to get your wife treated and take care of your daughter. If it comes to awarding of maintenance, it depends upon various factors like financial needs of the spouse to maintain her standard of living, capacity of Husband to pay, duration of marriage, child custody and maintenance for her upbrining etc. Please involve the family along with your in-laws and ensure that matter is amicably resolved.
