Is your wife working ? 

what is your income .? 

is there substantial differences in your income .?

if there are substantial differences in your income you will have to pay wife maintenance 

1)if your wife is not working she should be entitled to maintenance .court considers your health condition in determining maintenance 

2) in 498 A case burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

It has now become very difficult to advice on legality of payment of maintenance. I should not keep you in dark.  I should inform you the legal position regarding this as of now.

If you go through various high courts and Supreme Court orders only (lower court orders kept aside for simplicity ) you will find maintenance orders have been issued in every directions.

Some are mentioned below .

Educated wife not entitled for maintenance .

Husband should maintain his wife even he is unemployed or does not have any regular source of income .

Wife is entitled to same status of life as it was during their married life. 

I can  quote here thousands of such contradictory judgements of high courts and Supreme Court. If lower court judgements are taken number will go into lakh. 

It is obviously frustrating but true. 

So in such circumstances I am unable to give any legal opinion on the maintenance issues .

It will depend on your luck how court comes on in  your case. 

Can you imagine if an unemployed husband without having any property , is ordered to pay maintenance then why you would not be ordered to pay , even if  you are medically unfit to live a normal life. 

So it is a matter of luck now.  Yes I mean it . Not joking .

Best of luck .

1. Unless and until a husband is unfit physically and mentally to earn livelihood  he can not avoid maintenance for wife.

2. All neuro diseases even if incurable may not make the person to make decent living and if you have git  a good job then you are liable to maintain your wife.

3. If you are innocent then in 498A case you would be acquitted of offence. 

Yes you can to give her maintenance and alimony.

You can get divorce without maintenance if you can prove that you are willing to stay with your wife but she left you when your desease is diagnosed.

If it's mutual consent divorce and both of you decide no to alimony then no need to give alimony. If wife wants alimony then you can't avoid it. You can object it on grounds of her qualifications and work

You will have to give alimony or not depends on the facts of the case and a lot more things. 

It will be very difficult for us to guide you based on the limited facts told by you. 

Regards  

Please share the case file and tell the facts in details so that we can guide you properly. 

Regards 

See if wife has no source of income court can order some maintenance further you can file divorce agaisnt her same has contested. 

Fir 498a if chargesheet is filed you can apply for discharge. 

See for 498a you can apply for quashing alternatively if chargesheet is filed then you have to file for discharge and if same is not allowed trial has to be faced.

Further the court for maintenance shall look number of factors such as income , expenses liability of both you and your wife.

- Under section 24 of Hindu Marriage Act, if wife or husband , having no independent income sufficient for her or his support , then either can claim maintenance . 

- Further , Maintenance depends upon the income of husband , and not health issue.

- If, you are unable to earn for your livelyhood , or if the income is not sufficient for your support even , then she will not grant any maintenance from the court . 

- You can be granted Divorce due to your health issue for free of cost.

- You should produce all the medical details before the court for getting acquited in all the cases filed by her , and to get divorce. 

Dear Sir,

Yes, husband suffering from disease he need not to give alimony to the wife.  But on other hand husband can claim maintenance from his wife if he is not earning or is sick or there is permanent disability or if the husband can prove that wife is capable to maintain the needs of the house etc… where in any proceeding under the maintenance Act it appears to the Court that the husband, as the case may be, has no independent income sufficient for his support and the necessary expenses of the proceeding, it may, on the application of the husband, order the respondent (Wife) to pay the petitioner (Husband) the expenses of the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the Court to be reasonable.

Court may consider your disability but not Enough to refuse maintainance. It may reduce giving benefit of your medical expense.s

In 498a if no physical injury than court may leave u on probation and without imprisonment 

If she is demanding divorce due to your neurological condition then she will get divorce if there is no cure. Also if ahe is unemployed she is entitled to maintenance and alimony.

Regards 

She has to prove that you are cruel. But in this case you should allege that she wants to leave you and hence she is cruel as this act amounts to mental cruelty.

Your disease or ailments will not have any impact to her maintenance claim.

You have to fight her claim on the basis of her claim made o the basis of the documentary evidences she had submitted to prove you income.

Court will not consider your health issues but it will certainly take care of your income upon which the court will arrive at a decision for granting the quantum of maintenance

1. Divorce free of cost can happen only if your wife renounces her claim to maintenance or you are able to impeach her claim to maintenance.

2. Your ailment does not absolve you of your liability to maintain your wife if she is not self sufficient.

1) In 498-A case, the prosecution has to prove their case.

2) In DVC you need to defend the case and disprove the allegations made by her

3) Maintenance case, various factors will be taken into consideration before finalizing the amount i.e., earnings of both the parties, social status, education qualifications etc. 

Yes, court will take your medical problem into consideration, but you need to place before it substantial proofs.

Wife is entitled to maintenance if she is not working. 

if you both decide to separate then divorce will be allowed or you both can mutually sort out your problems and file mutual consent divorce that would be much better.

Hi, 

You are suggested to contest the cases strongly and bring all the relevant facts before the court. It is sure that the court will consider all the issues, before deciding the case finally. 

Dear sir

You must project your health condition and source of income before the court to avoid payment of maintenance and getting acquittal .