Effects of Wife’s Psychiatric Disorders upon Alimony

Subject Areas : Private law

zeynab mashhoudi ¹ , hassan abdeian ² , seyyed mohammad mehdi ahmadi ³ , alireza asgari ⁴

1 - دانشگاه آزاد قم
2 - واحد قم
3 - واحد قم
4 - واحد قم

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Compliance, wife, Alimony, Mental disorder, Nushuz (marital discord),

Abstract :

Wife’s insanity should be separated from other mental disorders in the discussion of family relationships. It is essential to distinguish incurable mental disorders from incurable ones, because the lack of such a distinction leads to the violation of dementia-affected wife’s rights. Thus, it is necessary to investigate the rights of such wives in receiving alimony from the perspective of jurisprudence. The present article examines the various forms of mental disorders and wife’s ability to obey her husband when he is aware of her condition. A dementia-affected wife is able to obey her husband and there are various ways to retain her rights. In case of curable mental disorders, she is able to obey her husband and nervous fits are only temporary. If, however, the wife does not obey deliberately she is not entitled to any alimony since she has the power to do so but she does not on purpose. In case of incurable mental disorders, the wife is unable to obey her husband due to the nature of such disorders, not due to Nushuz (marital discord) nevertheless, she is entitled to receive alimony although she cannot obey him.