Does one need to pay alimony in case of a chronic illness


My brother is suffering from end stage kidney failure for the past two years. and he is waiting for Kidney transplant. He got married in dec 2015 and now my brother and his wife are living separately for the past 1 year. Now they are asking for Mutual divorce and we are also ready for a mutual separation. Here is the problem.They are demanding 5 lakhs amount now. We are ready to give 2 Lakhs that they gave for the marriage expenses. But they are threatening us that if we dont give 5 lakhs, they will take different route and we might end up paying fixed amount for the rest of the life. They are also quoting a case that judgement has been delivered in favour of the girl demanding alimony from her husband due to his kidney failure. Court has ordered the person to pay 15k per month to the girl. My brother is not working currently and he is living with the support of my father. Are we entitled to pay money in this current situation?

Answers (4)


264 votes

It is nothing like that as you are worried about the compensation payable to your brother's wife. Early because your brother is suffering from kidney ailment, his wife has no right to seek compensation. It is a good idea to go for mutual consent and better negotiate with the opposite side and make it Rs.3.00 lakhs or whatever amount you feel justified. If your brother is impotent and the fact is suppressed at the time of marriage, perhaps they may have a case to seek compensation depending upon their status. More over it should be medically proved that your brother is unfit or impotent or having erection problems, etc to consummate the marriage. As I said kidney failure is no ground for divorce or for demanding compensation.


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309 votes

Madam,

Their claim is unsubstantiated and a mere threat. Alimony and Maintenance is governed by various factors and it depends on the facts and circumstances of each case. You need to take the right legal steps to protect the interests of your brother and to safe guard your family from any wrongful prosecution and harassment. I would need more relevant information to advise you the right course of action. Please get in touch with me so that I may do the needful.

Regards,
Arunkungumaraj Subramanian

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91 votes

Hello Sir,
Alimony needs to be paid to a person when she isn't able to maintain herself. When the woman is qualified enough (you haven't mentioned your brothers wife educational qualification) and she doesn't get employed deliberately with an intention to secure maintenance order from court, her maintenance petition can be dismissed as per recent supreme court order. In your case, since your brother isn't able to maintain himself and is in the care of his father will be given due consideration.

76 votes

Hi sir/madam.
You don't worry sir they are threatening only k the latest superme court judgement clearly told that only give maintenance for 25% his salary

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