Either of the spouses can not divorce each other if one is severely ill a court has said. Such would lead to cruelty and no maintenance to be awarded rather the other has to take care of him allthrough out life

Husband is liable to pay maintenance to wife for herself and children even if he is unemployed

Respected sir...

It is specifically provided Under section 125 of Crpc that a husband is liable to pay to his wife until she gets remarried ...But here is special and exceptional case as your uncle is unsoundmind..So it's upto court what court will consider on facts .. Court have both option to grant maintenance or Court can denies..On marits..

Thank you

The divorce can be arranged on the basis of non curable mental conditions. The medical expenses for him is the major to fullfil first.

The wife can sue for the maintenance in any case for herself and the children and it will be the court to decide the quantum of payment for maintenance after considering all the relevant financials

Your uncle need not pay but if he receives any property then his share will maintain your aunty; The relevant law is as follows

The panel has recommended the following insertion in Sub-section 4 of Section 18 of the Act, as: “Where the husband is unable to provide for his wife, on account of physical disability, mental disorder, disappearance, renunciation of the world by entering any religious order or other similar reasons, the Hindu wife is entitled to claim maintenance during her lifetime, from members of the joint Hindu family of the husband, except where the husband has received his share in the joint family property.”

Your uncle and his property should be used for this purpose. Any other family member is not responsible for the payment.

Even now he is not liable to give anything to your aunt as he is of unsound mind. what is relevant who is applying for divorce - your uncle or aunt? your uncle cannot seek divorce without any caretaker to take part in proceedings and if your aunt is seeking divorce on ground of unsoundness of mind then your uncle has nothing to pay. Except maintenance for children out of his property, if there is any income from property like rent.

1) wife has no share on property inherited by husband

2) she only has right to stay in her matrimonial Home

3) she cannot claim maintenance from his family

Hi

If your aunt files for maintenance then only your uncle is liable to pay for her but as he is 80% disable he might not have to pay anything (this depends on argument of your lawyer in court).

Other then your uncle, no one else is liable to pay maintenance to your aunt.

Thank You

1. A mentally or physically unfit person who is not able to earn us not bound to maintain his wife.

2. In that event she can apply for maintenance from her father in law,if alive .

3. A divorced wife though under normal circumstances is liable to maintain his wife even after divorce.

Your uncle pleading insane has to be duly proved in the court of law. Your aunt and children s cannot be orphaned. His property and pension can also be apportioned between all. Even his property can help in paying her alimony.

Court does not strictly apply law, facts and circumstances always apply.

If your uncle receives property by way of inheritance, then that property is liable to pay maintenance to your aunty. If you want I will provide you full judgment on the point. It was delivered with an intention that no woman should become destitute when her in-laws has property inherited by her husband. This rule apply if she remains un married after divorce.

Your uncle and aunt can go for divorce with mutual consent with condition of no ailmony. But if your aunt demands ailmony he has to pay the same. Secondly if your aunt is working and earns her own livelihood then she is not legally claim maintenance from your uncle. You can still take a ground of his disability in family court for inability to pay maintenance. She can also demand for expenses of children but court will definitely consider your medical condition and refrain from passing maintenance against you.

Hi, every case depends on its own facts, if your aunt is earning and capable to maintain herself and the children, the she can't demand anything.

1. Unfortunately, being disable is not a ground on which a husband can avoid paying maintenance to his wife before or after divorce. Your aunt can seek a charge to be created on the disability pension of her husband to get the maintenance.

2. A wife has no share in the property of her husband or ancestral property. Your uncle alone is liable to maintain his wife.

Being mentally disabled by over 80%, he's not liable to maintain his wife and children, Having said that, his wife may make an application before the Court and be appointed as the guardian of her husband. This way she will be entotled to make an application before the concerned Authorities to receive the family pension to which his husband is entitled, on his behalf.

It is important for you to understand that even your uncle can claim maintenance from your aunt under the law. However your aunt is entitled to seek maintenance and in the event she approaches the court seeking maintenance ,you can always contest it.

what maintatince would be awarded by the court, if at all any would depend on a number of factors.

It is therefore extremely difficult to state how much money your uncle might have to pay as maintaince.

In Hindu law marriage is regarded as sacrocent once marriage has been performed then its the responsibility of the husband to maintain her wife any how, well after divorce husband has to give some permanent alimony if he doesn't have sufficient fund then amount may be recovered from his property.

But in your case it is the discretion of the court to decide and if wife is generous then she has to understand the situation of the uncle.

Hello,

Punjab and Haryana High Court in the case of Avtar Singh v. Jasbir Singh, RSA No. 29/1988 has held that in such situation where man is not able to protect and maintain his Hindu wife due to physical, mental, or any other kind of disability "the wife should be deemed to be dependent upon the father-in-law and entitled to maintenance as provided under Section 19 of the Hindu Adoptions and Maintenance Act."

regards

Even before Avtar Singh, the issue had been in focus before the Bombay High Court in Ramabai v. Trimbak Ganesh Desai in which it held, “No doubt, the authorities do not show that the relations of a deserted wife are under a personal liability to maintain her; but they do show that she is entitled to be maintained out of her husband’s property to the extent of one -third of the proceeds of that property.”

the matter has also been considered by the Law Commission.

Regards

Your uncle cannot even contest the divorce case if he is proved to be mentally challenged.

In fact his wife cannot sue a mentally challenged person.

His court appointed guardian can defend his interest, but his close relatives to apply for guardianship and once appointed as guardian, the cases can be challenged based on his mental illness.

She cannot seek maintenance from a mentally challenged person.

If hindu wife is entitled to claim from joint hindu family who is liable to pay as father of my uncle is no more his mother live with younger brother of my uncle , my uncle live in his own house and do have share in the property inherited from his father, now please clarify even if my uncle is mental and don't live in joint family , who is liable to pay to my aunt.

Your aunt can claim maintenance from her husband alone and not from others.

She cannot claim maintenance from her mentally challenged person.