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Nevin Sabu (Mr)     31 March 2011

Hindu Marriage Act

After divorce if the wife continues relationship with the husband is the husband liable to pay the maintenance amount to the wife.

If they live together for a period of five years after divorce will the child born be a legitimate child.

After the period of five years where they continued to have a living relationship, is there a obligation for the person to pay maintanence and also to pay maintanence of the child born out of the living relationship after they decide to live seperately.



Learning

 3 Replies

M.Sheik Mohammed Ali (advocate)     31 March 2011

recently madurai high court bench give the decree that if the live in together with same home at the time others feel that both are husband and wife even with out married she will become rights to get maintenance and other rights, as per your query its suitable for this decree.

Nevin Sabu (Mr)     31 March 2011

Is there any way to avoid the liability

Avnish Kaur (Consultant)     31 March 2011

get a written contract of livin and let it expire every 3 months , give gaps in renewal and dont be known as husband and wife in society then may be u can avoid maintenance to wife but not child.

BUT as per Limitation of contract act such a contract may itself be declared invalid.

go abroad to awestern country, in india no fool proof method exists.


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