• Marriage expense reimbursement

Namaskaram,

I got married on 2018 August, My wife has been diagnosed with Bipolar affective disorder on June 2020,


We(her/my family) agreed that my in-laws will take care of her on the initial stage of her treatment and would send her back by a couple of months. But they have been dodging and neglecting treating her for the same. they claim that she has been acting normal and doesn't require any medication and make it seem like am trying to name her ill, 

where as the trained psychiatrist/psychologist to whom the took her after my repeated requests diagnosed her with Emotional/Borderline Personality Disorder. 10 days back my father in law and I came to an agreement where my wife would be taken to a psychiatrist and would be provided the necessary medication as i have expressed my intention of supporting them financially if need be.

Today my FIL tried to trigger me by repeatedly telling that it is my duty as a husband to take care of her not them and he flew into a rage when i asked what the hell were they waiting for for the last 9 months if it was my duty.


My question is that he tried to blackmail me by saying that he will provide a mutual divorce if i reimburse 30 lakhs that they have spent (including jewelry) for their daughters marriage since i am not cooperating . I replied by saying that i would happily return back the money if they provide me with the 20Lakhs that we have spent for the marriage.


I am aware that women can claim their marriage expenses is there such a provision for me if the divorce is not initiated from my end?
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

This marriage is not at all working.  Unless you husband reforms there is no point continuing this marriage.  In such case filling a contested divorce suit is an option on the grounds of mental cruuel. Apply for monthly maintenance as well in a case filed under PWDV Act .

There is no question of listening to their demands. 

Good luck. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

She can file a DV case and ask for compensation of the entire amount spent on her marriage.

She can also ask for return of her articles as well as her jewels be it gold or diamond etc.

She can approach police with a complaint under section 498A for acts of cruelty and under section 406 for breach of trust and return of her jewels etc. 

Instead you can negotiate the amount and go for mutual consent divorce as suggested by them and get rid of her forever.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You are not entitled to claim marriage expenses incurred by you 

 

2) mutual consent divorce is best option 

 

3) you can return jewellery given to wife at time of marriage 

 

4) alimony depends upon your income, wife income etc 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file case of cheating under section 420 of IPC against  your wife and in laws if they had suppressed facts of her illness 

 

2) wife can file DV case against you even though you have not been in contact for 9 months 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

  1. You can file for divorce on grounds of mental cruelty and that in itself will stand in good stead as a defence against any complaints including DV case that they may initiate against you.
  2. Yes, you can use this against them provided you succeed in establishing that the idea of treatment was theirs and they have miserable failed in their undertaking with utterly no regard for the relationship of marriage.
  3. thing prevents her from filing a DV case, however, in the given circumstances, her chances of succeeding in the same is limited.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

It is good you are aware that woman can claim marriage expenses. But woman can claim her expenses towards medical treatment, if any one file divorce, hefty maintenance during proceeding and handsome alimony after divorce, considering  your admission they spend 30 L, they are will to do, Court can easily grant her not less than 50L as permanent alimony. It is absolute duty to husband to provide medical expenses.  Emotional/Borderline Personality Disorder is not a serious medical condition, it can be due lack of care and affection after marriage, remember it says Borderline.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Dear Querist

  • As per information provided by you, when you and the doctors are saying that she is suffering from Emotional/Borderline Personality Disorder then she cannot file any case against you if you proved the same.
  • if you are ready and willing to live with her and treat her as per your capacity then you should file a petition under section 9 of the Hindu Marriage Act-1955.
  • apart from the above, you may also file a civil suit for mandatory and permanent injunction suit with damage/compensation against your in-laws for not treating her well and due to non-treatment, her condition is worsened
    .

There is no law by which the parties of the marriage can claim marriage expenses. neither for the girl nor for the boy. the girl can claim only her Istridhan, maintenance alimony, medical expenses, right to residence, and other monetary relief and not claim marriage expenses.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

First you said Bipolar affective disorder now you say you are fooled by mental disorder. You have to adjust with her. Don’t give any reason to her to seek legal recourse against you. Law is in favor of wife. She has many options. She can file criminal case under Section 498a claiming cruelty or demands of dowry. There are many other things she can do if she wants. She can make an application to the Magistrate under Domestic Violence Act and obtain many reliefs. She can also seek maintenance by filing an application under Section 125 of Code of Criminal Procedure, 1973. All this she can do without giving divorce. It is not easy for you to divorce her. If she does not want divorce no court cannot  allow you divorce. If you file divorce you have to pay hefty maintenance amount and alimony running into lacs to her. I am not trying to scare you I am just telling you reality. Anyone can advise you to give divorce, but no one can come to your help.

 

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

1. You can file a contested divorce case on the grounds of cruelty citing this as a reason for the suffering of mental cruelty.

2. You have decided to quit the married life, then you can use this as evidence to support your pleadings.

3. Yes, she can file a DV case for the incidents that took place, which she suffered during her stay in the share household.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

1) You cannot claim reimbursement of marriage expenses.

2) You should negotiate and file for mutual divorce as the same you can be free sooner, contested divorce proceedings take 4-5 yrs and will cause you more problems like hefty alimony.

3) Wife can claim maintenance and all her stirdhan along with compensation for marriage expenses.

4) You can file case for contested divorce on basis of cruelty or a case of cheating on the basis of hiding the mental disorders of your wife for self defence.

5) Yes she can file a DV case even if you have not been in contact for 9 Months. 

Thank you

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You do not predict what she can think about it or the stand she may take before court towards your intention to buy a house property.

The proposal to buy a house property is your own decision, she can neither interfere in your decision nor she can take any such stand that she would have contributed financially to the said purchase had she been permitted to work.

Even now she was not restricted from getting employed to contribute her mite towards family investment in immovable property, hence you may not develop/imagine such petty doubts in your mind which do not have any legal or practical answer especially on your imaginations for which answers cannot be predicted at least legally. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

During pendency of divorce proceedings don’t take any home loan for purchasing property 

 

2) wife can file DV case seek injunction restraining sale of said property and claim right to stay in said property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

 You just file divorce case before family court on medical grounds saying that you have been cheated by them.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Sir,

  • If your wife earns still if she isn't graduated and have contributed financially, if she able to prove that, then she can claim her shares out of the property.
  • It is not important if she is graduated or not. People may earn without degrees.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Without your consent , mutual divorce petition cannot filed and even decree also cannot passed by the court. 

- Further, for the concealment of true facts about her health , you can file a suit for declared the marriage as null and void as well. 

- Further, except maintenance /alimony and residential right , she cannot claim any thing from you . 

- Further, as per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- Yes, she can file case under DV act for seeking maintenance and residential right from you , however you can produce the proof of her illness before the court for denying the same. 

- Further, A well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

- Further , she cannot claim any right over the property of her husband during your life time , except residential right .- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

No, she cannot, in case if she raises this objection then her objection cannot be sustained before the court as there will be a bank statement in which you paid the amount from your bank or cash.

 

But it can show your financial capacity.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

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