RITWIK VIDYANTA 12 August 2025

Alimony is demanded

My wife is mentally unsound. Her family has suppressed the matter. Can they claim alimony??

7 Replies

Abhishek Jaiswal (Advocate ) 12 August 2025

It depends on the degree of mental illness. You can file for annulment of marriage based on suppression but the concealment must be proven with credible evidence, if proved so the right to alimony may be affected.

Dr. J C Vashista (Advocate ) 13 August 2025

No facts have been posted for consideration and obligation of experts on this platform.

It is better to seek professional services of a local prudent lawyer for proper analyses of facts/documents and necessary advise/ proceeding.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 13 August 2025

Whether your wife's family can claim alimony depends on several factors, including the degree of her mental illness and whether it was pre-existing or developed after marriage. *Key Considerations:* - *Pre-existing Condition*: If your wife's mental illness existed before marriage and was concealed from you, it could be grounds for annulment under Section 12 of the Hindu Marriage Act. In this case, her right to alimony might be affected. - *Degree of Mental Illness*: The severity of her mental illness will be a crucial factor in determining alimony. If she requires constant care and support, the court may consider this when deciding on maintenance. - *Income and Financial Situation*: The court will assess your income, your wife's financial needs, and your standard of living to determine the amount of maintenance. - *Legal Proceedings*: To address the issue of alimony, you'll need to file a divorce petition or respond to her family's claim for maintenance. It's essential to consult a lawyer and provide medical documentation to support your case.¹ ² *Possible Outcomes:* - *Maintenance*: If the court decides in favor of your wife, you may be required to pay maintenance to support her. - *Annulment*: If you can prove that her mental illness was pre-existing and concealed, the court might annul the marriage, which could impact her claim for alimony. *Next Steps:* - *Consult a Lawyer*: It's crucial to seek professional advice to navigate this complex situation. - *Gather Medical Documentation*: Collect medical records and evidence to support your case. - *Prepare for Court Proceedings*: Be prepared to present your case in court, and consider seeking a legal guardian for your wife if necessary.³

P. Venu (Advocate) 13 August 2025

The query is short of material facts.

T. Kalaiselvan, Advocate (Advocate) 13 August 2025

The answer to the question can be rendered only after ascertaining the background details of the case.

Your information is devoid of details.

You may revert with details sought here if you are really serious to know proper opinion.

kavksatyanarayana (subregistrar/supdt.(retired)) 13 August 2025

Without the facts of the query, it is not possible to give proper reply.

R.K Nanda (Advocate) 14 August 2025

State full facts to get proper reply.

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Alimony is demanded

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