Hindu marriage act
Prakash Nair
(Querist) 10 May 2012
This query is : Resolved
May I know as to how strong the claim of a mother(who is chronically psychic since pre-marital stage) on their children-of 5 (Boy) & 3 (Daughter) years. The father is ready to take care of the children in this sure genuine case of divorce. Whether the divorced mother has any right to claim for alimony even if the father of the children is ready to take care of the small children-of 5 (Boy) & 3 (Daughter) years.
Expertise opinion(s) solicited.
V R SHROFF
(Expert) 10 May 2012
Is allegations on a mother(who is chronically psychic since pre-marital stage)PROVED???
If yes, your Question is valid.
Yes, she have right to claim alimony.
Prakash Nair
(Querist) 10 May 2012
It has been proved as there are records of her treatment both pre & post marital period- same medicines are being used al through. There were communications to the effect that she physically attacks people.
Is she eligible for alimony even though she's well qualified ?
Her parents engaged this alliance, saying that she is working in line with her qualifications, but she is unable to work and unable to take care of the housedhold & children even- due to this her parents were staying with her after marriage !!
ajay sethi
(Expert) 10 May 2012
if she physically attacks people she may not get custody of children . if she is not working and is a housewife she is entitled to maintenance
Prakash Nair
(Querist) 10 May 2012
Her educational qualifications will not be a matter of consideration ??
The man is not entitled for any type of consideration on "breach of trust" issue / his sufferings althrough this period !!
His belongings & assets were destroyed by her. Only humanitarian consideration from his part, kept the relation alive.
SAINATH DEVALLA
(Expert) 10 May 2012
You have mentioned that she behaves in a psychic mannner,so either her qualifications or employment are vague.If he wants to get rid of her,he has to prepare good ground,so that he can have the custody of children.If the wife's parents have hidden her ailment at thetime of marriage,it is not excusable.But still I insist on a proper psychiatriatic treatment,so that she can be cured.Other suggestions as per the experts above.
Prakash Nair
(Querist) 10 May 2012
The factor was not disclosed at the time of marriage, but the husband tolerated all the unruly behaviour althrough. Divorce is inevitable because the disease has been proven incurable and without tablets & injections no single day she can survive-the medications made her abnormal on the other side as well. He own family (except her father & mother- they also were . are trying to avoid her) were not entertaining her. This is an unusual case of tolerance from the husband's part. She attacked the police apart from others including HER OWN CHILDREN & parents (brutally) and can attack the judge as well in case he questions her.
SAINATH DEVALLA
(Expert) 10 May 2012
So the husband has good reasons and defence of obtaining divorce and custody of children.
Shonee Kapoor
(Expert) 10 May 2012
I agree that husband is better placed to get divorce and custody of the children.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate Rajkumarlaxman
(Expert) 10 May 2012
Go for nullity of marriage on the basis of fraud. Sec 12(1)a or c check out sub clause. But if she had premarital diease whch cannot be rectified to prove if u hv evidence then go fr nullity under fraud. Rest as per our experts states.
Rajeev Kumar
(Expert) 12 May 2012
You should get divorce on these grounds if wife is only a housewife then she can claim for alimony or maintenace even if the divorce is decreed as per as your own status
