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pavan kumar (zxz)     09 April 2015

Maintenance in live in relationship

Hi,

One of my client is in live relationship with a person for last six years. She is not legally divorced. Now that person has deserted her. She has already filed a criminal case against him  under sections 417 and 420 of IPC. Now she wants to file a maintenance case against him. Is it possible ? if so please guide me with precedents.



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 7 Replies


(Guest)

Possible under DV act.

sandykrish (Interested in Family LAW)     09 April 2015

Possible but it is a clear case of bigamy, if the husband of that lady comes to know this, this person can be booked under Bigamy. If the other person is able to prove that her previous marriage was not disclosed even in DV no maintenance. The life of this lady is in distress.

sandykrish (Interested in Family LAW)     09 April 2015

@you being an advocate aren't you aware of the technicakities , please go back to board room.

N R Dash.. (Advocate)     10 April 2015

Are you an advocate? Does not seem to be. Looks like you are the same person seeking precautional advise from this forum.

SAINATH DEVALLA (LEGAL CONSULTANT)     10 April 2015

There is no legalised live in relationships in India, nor the constitution has provided. As  she is not legally divorced from her husband I don't think she will get any respite in the court of law.It is a clear case of bigamy on her part.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     10 April 2015

Far divorce from earlier marriage you have to prove first that the first marriage was legal.

 

So  far maintenance it will be granted once the husband admits that they were living together.

 

Earlier husband must have remarried so no case of bigamy can be made out.

SAINATH DEVALLA (LEGAL CONSULTANT)     10 April 2015

Well advised by other experts


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