Arya21 01 February 2024

Metal illness - 125crpc

I have been taking mental therapy for the past six months. And taking medications for my mental health.

I live in a foreign country and she lives in India. She threatens me to file dowry and domestic violence case against my mother and brother. And she also asks for 85 lakhs to settle in court.

my question is, if I prove that I have been on mental illness medication for the past six months and show the receipts. I don't have a stable job now and working in a low income job and may be I will lose this too due to my condition soon.

will court accept my mental problems as a reason to leave me from 125crpc maintenance and alimony settlement ?

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Quick Summary

This discussion explores whether documented mental illness and unstable income can be grounds to reduce or avoid maintenance payments under Section 125 of the Criminal Procedure Code (CrPC). The original poster, living abroad and undergoing mental health treatment, is being threatened with dowry and domestic violence cases in India, along with a demand for a large settlement. They are concerned if their mental health condition and job instability will be accepted by the court as reasons to be excused from maintenance obligations.

2 Replies

Real Soul.... (LEGAL) 01 February 2024

Well maintenance is right of your spouse and children, if you failed to maintain them that is a criminal act. Now your illness may get you emotional mercies but what actually matters is your earning. The award of maintenance is directly proportional to your income. It is much advised to settle the issue amicably and with support of your social leanings.

Your wife can make trouble to your family members by filing complaints/ cases under different sections and acts.