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Deepak Aggarwal   09 March 2019

live in or marriage.

we both are divorcee, and got engaged. after some time we started living together for 2 months.
then she refused marriage.now after 2 years she filed 498a/406 on me and my faimily.charge sheet filed against me and case is in court.
now I came to know that she gave birth a boy and claiming its mine.
she appiled crpc 125 in court.my mother received notice 3 months ago .no further notice came yet.
the name mentioned of the baby boy is different in both cases.I came to know she has also a girl child from previous marriage which she gave to her relative.
please tell me it should consider as marriage?
2.is she or her child is liable to main tiance under 125.
what can happened please tell me


Learning

 4 Replies

Shashi Dhara   09 March 2019

U press for DNA test in court for paternity proof.

Siddharth Srivastava (Advocate)     09 March 2019

As such case under section 498 A is not made out because marriage was never solemnised among you and the lady. She can claim maintenance but same can also be rebutted depending on merit if the case. Section 125 also does not recognise any such live in relationship. To check paternity

Siddharth Srivastava (Advocate)     09 March 2019

As such case under section 498 A is not made out because marriage was never solemnised among you and the lady. She can claim maintenance but same can also be rebutted depending on merit if the case. Section 125 also does not recognise any such live in relationship. To check paternity you can ask for DNA test.

Siddharth Srivastava (Advocate)     09 March 2019

As such case under section 498 A is not made out because marriage was never solemnised among you and the lady. She can claim maintenance but same can also be rebutted depending on merit if the case. Section 125 also does not recognise any such live in relationship. To check paternity you can ask for DNA test.

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