Family Law Advice

Right of Muslim woman while living separately

A Muslim woman who is living separately due to cruelty of husband, has right to maintenance under Section 125 of the Code of Criminal Procedure. She can also invoke the provisions of Protection of Woman from Domestic Violence Act. She can claim residence order and monetary relief under the DV Act. Her husband cannot evade himself from his marital responsibility.

Divorce on mental illness of wife

Curable mental illness is not a ground for divorce under Section 13 of the Hindu Marriage Act. It is responsibility of the husband to take proper care of his wife. Concealment of this fact at the time of marriage does not amount to fraud. Husband cannot dissolve his marriage on the ground of such a curable mental illness.