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Husband not paying maintenance for mentally ill wife during divorce


21-Sep-2023 (In Family Law)
My sister who is a mental patient is undergoing mutual divorce which will be finalized next month. We were not aware about the supreme court guidelines on mental illness, links below: http://www.thehindu.com/news/national/man-cant-dump-wife-on-grounds-of-schizophrenia-rules-supreme-court/article5146611.ece http://www.rediff.com/news/report/mental-illness-by-itself-not-enough-for-divorce-hc/20140125.htm We had informed about the illness of my sister before marriage to the groom. After marriage she stayed with her husband for 2-3 months and then she was sent to my brother's place. We reconciled and sent her again but she was sent back again in 3 months. She was not paid expenses during the period. My brother has been paying all her expenses till date. Her husband is only paying 5000/month since the time divorce has been filed. We want to put a stay to divorce and file a case since my brother is not legally responsible for her. Her husband should pay for her accommodation and expenses
Answers (1)

Answer #1
869 votes
If your sister has not claimed maintenance, then file a case under section 125 of Code of Criminal Procedure to achieve monthly maintenance. If such case has already been filed then, in order to enhance the maintenance amount apply for enhancement of maintenance under section 127 of Code of Criminal Procedure.

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