Legal Question in Family Law in India
In continuation to below asked question:-
"With the inclusion of "THE IRRETRIEVABLE BREAK DOWN OF MARRIAGE" as another ground for divorce, does the husband has to pay maintainance or alimony to his wife?? My wife is sczopheranic (its an major mental disorder) and this fact was hidden from us by her parents at the time of marriage. Out of this 1 year and 5 month marriage my wife has stayed just 5 to 6 months only in total with me and that too not at stretch but in various intervals. The longest time she has stayed with me "continously" is 2 months. The rest of the time she is with her parents along with our son.
I have been married since 1 year and 5 months and have a 6 month old baby boy.
Kindly advice as how to go forward. Awaiting your valuable advice.
Thanking you,
With Regards"
Will the husband have to pay any maintainence for the son which she has taken with her?? Also what are the chances of the husband in getting the custody of his son? My wife used to work but now she doesn't in her parent's home.
Kindly advice.
2 Answers from Attorneys
whatever may be the reason of divorce or separation, you are legally and morally bound to provide maintenance and shelter according to your status to your wife and children. If the child is female in that case apart from maintenance you are also liable to pay marriage expenses to the child
You may be liable to make payment of maintenance amount for your wife and the child. You should try to reach an amicable out of court settlement and avoid litigation.
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