Under what circumstances can father in law be made a respondent by daughter in law in divorce case
S SIVASWAMI
(Querist) 02 December 2014
This query is : Resolved
Sir, My son who is afflicted with bipolar mental illness was married in 2008. We had informed our Sambandhis in the presence of our daughter in law of his illness and wrote an e-mail to them 3 days before the engagement and 17 days before the marriage. We had emphasised the obligation of the Sambandhis family and daughter in law to ensure that he takes his medicines without fail and lifelong, that the doctor had enthusiastically welcomed the idea and offered to arrange a meeting for them with the doctor to be personally briefed by him. Notwithstanding all this, his wife who is Yoga therapist and who has entrenched aversion to allopathic medicine, stopped his medication and put him on ayurvedic medicine. There were several relapses and loss of jobs. Last year they disappeared together for more than 3 months.
I suspect that the daughter in law who has been staying with her parents for more than a year now, is also mentally afflicted. I have evidence and therefore repeatedly asked for her psychiatric evaluation. Now they are seeking divorce my mutual consent, asking for 50 lakhs in lieu of marriage expenses and so called suffering of the daughter in law.
My son is penniless and has a Rs.20000 job. At a help centre for family counselling, he declared his love for her and told her that even if she divorced him, he will never remarry but will wait for her if she changes her mind.
My question is if my son is not able to meet alimony, except to the tune of 50% of his salary,and as long as he is employed, would father-in-law be liable and can he be made respondent in any divorce case?
I am 75 and my wife 69. We went through this marriage just to ensure that there was someone to look after him when we are gone. Now that the girl is insisting on divorce, we have to make expensive lifelong arrangements for him, to ensure that he takes his medicines regularly, since these people lack "insight" into their condition and will take medication only under supervision. We have just enough funds to make these arrangements in a psychiatric home for his medical care and shelter.
What do we do?
Devajyoti Barman
(Expert) 02 December 2014
Do not surrender yourselves by paying such a hefty sum.
Do not agree anything more than what you can afford.
If she files any case for maintenance, she is not likely to get anything worthwhile.
Guest
(Expert) 02 December 2014
Dear Mr. Sivaswami,
Your question, "if my son is not able to meet alimony ........ would father-in-law be liable and can he be made respondent in any divorce case," relates to alimony yet to be decided, probably only after acceptance of divorce, but not related to the initial process of divorce of your son. But in the whole long description about the case, you have not provided any detail of dowry, if the marriage expenses of the girl's side amounted to Rs.50 Lakhs.
However, if no refund of dowry is made in the divorce case, your involvement is negligible. But, still there is no guarantee that the inlaws of the boy will exempt you from the case.
But, suppose you are not made respondent and the judge gives the verdict of refund of dowry, would you leave your son in the lurch to refund that amount to his in-laws?
So, for appropriate advice, you have to give complete details of the real problem, not the history of bipolar disease. Although Bipolar disease is curable, can be the reason behind application for divorse, but has no relevance with the marriage expenses or justification of the amount of alimony or even with your problem as a responent, if made.
In fact, in asking for the solution to your expected problem pertaining to the alimony issue, you have not provided details about the reason for acceptance of the marriage proposal despite having got bipolar disease, background of dispute between your son and daughter-in-law, the exact reason for seeking of divorce and the brief of expenditure detail for the purpose of claim of alimony money.
R.K Nanda
(Expert) 02 December 2014
consult local lawyer.
