Legal Question in Family Law in India
Divorce without alimony
My wife hid her depression and suicide attempt before marriage and got married to me. After marriage she had another suicide attempt within a year of marriage.
1. If I am able to prove cheating of her hiding depression and suicide attempt before marriage do I still have to pay alimony after getting divorce?
2. If I am not able to prove cheating (pre-marriage suicide attempt), do I have to pay alimony if I can only prove mental cruelty by my wife (post marriage suicide attempt)? Also can I tell the court that because of her suicidal tendencies I cannot have kids since kids could be left without mother in future, husband cannot get mental peace and thus avoid paying alimony?
3 Answers from Attorneys
Re: Divorce without alimony
as per sec. 125 of criminal procedure, this is no ground for avoiding maintenance or alimony. mental or physical cruelty is a ground for grant of divorce but cannot be used as a tool to avoid maintenance or alimony.
Re: Divorce without alimony
Already answered.
Re: Divorce without alimony
1. Yes. You may be liable to pay maintenance even if you prove her pre-marriage suicide attempts as that may have no bearing on your responsibility to maintain her.
2. The post-marriage suicide attempt of your wife may amount to cruelty committed by you on her; and you if that is proved, you may suffer criminal prosecution resulting in a jail term;
3. No. These attempts to avoid maintenance may boomrang upon you.
You are advised to settle the matter amicably and avoid litigation.
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