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Legal defending points on live together


28-Feb-2023 (In Family Law)
I& my cousin sister staying together since 1988. We have one son. We know that it doesn't allow the IPC. Both of us are in Govt service. In our service book we declare our name as husband & wife. I have retired in2016 & my wife will retire in this year '2022. One civil suit (title) has been lodged in the lower court by me as because by false signature and false personification one of my plot was grabbed by my brother. My apprehension is that his lawyer may argue in the point of our staying together, whether we are married or not, what about our son, whether we have declared in our services book as husband and wife or not and other questions related in this matter. In this position what are my legal defending points. In which way my reply will be.
Answers (2)

Answer #1
820 votes
as you both husband and wife are cousins how much generation gap is there for cousins how are you correlated say in details and next thing your brother has no right on your property has the partition been or will take place for property say things in detail what is your jurisdiction...
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Advocate Priyanka Singh

Adv. Priyanka Singh

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Answer #2
594 votes
if you and your wife are within the prohibitory degree of relationship then the marriage is void and irrespective of your service book record no consequences or relief can be sought on the basis of the living in. however your son will be eligible for all benefits as a son of both of yours. now coming to the suit unless your marriage have a direct correlation with the forgery your marriage is inconsequential to the allegation against your brother. your advocate will guide you properly in preparing your plaint.
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Advocate Tanmoy Chattopadhyay

Adv. Tanmoy Chattopadhyay

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