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Desertion of a schizophrenic wife by husband after 18 years marriage


21-Sep-2023 (In Family Law)
My schizophrenic sister in law married for 18 years has been deserted by her husband since last 3 years after he got to know about her illness. He has refused to get her treated, instead filed a divorce case against her on grounds of cruelty and since than she is living with us and we are taking care of all her expenses amounting to min 25k at present which ran in lakhs when she was hospitalized for months. Also her in laws have taken a decree from court for permanent injunction from her matrimonial home whereas the husband with her major daughter and 14 year old son continue to stay in the same house. Pls guide how can her complete responsibility be placed on her husband and children for life as we can't have her liability on us forever. How can a husband throw out a sick wife who raised 2 young children for last 18 years.
Answers (3)

Answer #1
608 votes
Maintenance can be claimed by the wife from the husband under s. 125 of Code of Criminal Procedure. In addition to that other facts have to be examined has to be seen if the injunction can be reversed by filing an appeal.
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Advocate Bhoomika Choudhury

Adv. Bhoomika Choudhury

LawRato Delhi | 5+ Answers
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Answer #2
907 votes
Hi, You can file a petition under Domestic Violence Act to get protection for your sister-in-law and can claim maintenance u/s 125 Cr.P.C. from her husband which will include her maintenance and medical treatment. Please contact us with all your documents ( medical and other proofs ).
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Advocate Brijinder Khurana

Adv. Brijinder Khurana

LawRatoDelhi | 5+ Answers
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Answer #3
928 votes
you can go ahead and file application seeking maintenance for your sister and the minors,which is her right..Therfore you can also go ahead and file different cases like DV and other complaints to get things on a platform ..
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Advocate Nishant Solanki

Adv. Nishant Solanki

LawRatoDelhi | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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