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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18781
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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is there any law in which husband cannot divorce or get seperated

Customer Question

is there any law in which husband cannot divorce or get seperated from her sick wife, who has to take one tablet for rest of her life and who doesnt have any source of income and who is entirely dependent on her husband. In other words she has to take medication under supervision. is it possible that family court can guide the husband to take care of his wife because it is his moral responisibility to get her treated n cured and this can not be the sole reason for his seperation on humanitarian grounds or any other?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : Under New Zealand law you cannot force a husband to stay with his wife. If he wants to separate, he can legally do so. However your issues is really, can he be forced to continue to look after his wife because of her medical issues. The answer to this is that while she can sometimes claim financial support, by spousal maintenance, that is the limit of what can be forced. In New Zealand law, there is no remedy to force a husband to look after his wife where she has medical issues. I note your question comes from India, but I cannot advise on Indian law about this issue.
Customer :

Thanks for the reply. Recently the judge denied the seperation application filed by the husband in the family court. Husband has the trespass order against the wife to enter the rental home whose rent is paid by the husband, now can the wife challenge that trespass order? Can the wife claim maintenance even though she is living overseas with her parents? If husband already takes the benefits can the wife still claim maintenance and travel expense to meet the child? is there a law in nz regarding marital abandonment? if no then are there any organisations through which the dependent wife can raise voice against the husband for giving the mental torture to wife?

christhelawyer :

That is a trespass notice, not an order, and you can ignore this if you have the right to occupy. You can only claim maintenance in the country where you are living but could not claim in New Zealand while you are living overseas. There is no law in New Zealand about leaving your wife. You can choose to do so freely. There is a no fault system for separating and having the marriage dissolved, so the fault in a divorce is not important.

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