Legal Question in Family Law in India

Im married on Aug2012 my wife was schizophrenia patient.This truth is came out on september month.My father-in-law was not told about this before marriage.And he had given the private doctor prescription of september month...and he also managed the private doctor to dont tell the truth...He also not giving any past or old doctor prescriptions....In November month i took my wife to Governement hospital to know why the tablets she was using and how many months she should use the tablets.But Govt.Doctor asked her parents to Bring.So i took there parents to hospital but again they had managed Govt..Doctor.So Govt.Doctor told us that follow the Private Doctor Prescription...and also given in written.Govt Doctor not at all tested her condition also...But i took some information using Tablets name in Net i got full information why she was using and For what she was using the tablets...On May2013 they filled a 498A and Maintenance Case on me.I came on bail for 498a because we have Doctor Prescription.....But now they are demanding 5000rs for Maintenance and medicines.Now im not working any where because of this cases...They mentioned im earning 50000rs...via 20000rs lecturer in computers,20000rs Finance work and 10000rs like private in home.......I dont have all the above....My QUESTIONS ARE how to win maintenance case with giving her rupee and Can i file a Right to information act on Private Doctor for what purpose he had written Tablets and since how many years she is going to that doctor.......They are telling that the Mental disorder was came after Marriage .......Pls help me with your answers.....

Asked on 1/07/14, 5:54 am

2 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

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Dear Client

The best option to escape maintenance is to file a petition for annulment. See, if it is proved that the alleged disease was concealed from you before the marriage, the annulment can succeed. See, its for sure that schizophrenia is not a symptoms which develops instantly. It must have a long history and hence doctors prescription can be proved as false. The effect of annulment is that the marriage has not taken place at all and hence u r not bound top pay any maintenance.

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Answered on 1/07/14, 8:28 am

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