My wife filed a 498A case against me and my family back in 2006. We eventually reached a settlement in the Allahabad High Court in 2008 to resolve the situation. The agreement mentioned that we would live separately without pursuing a divorce, keeping our child’s best interests in mind. It also stated that we would remain separated until we mutually decided otherwise, without specifying a time limit. I’ve been making monthly payments as agreed. I’m wondering how this agreement is legally binding under the Hindu Marriage Act. What is my legal status considering these circumstances?

Apni Law
Apni Law
Law Forum › Category: Divorce › My wife filed a 498A case against me and my family back in 2006. We eventually reached a settlement in the Allahabad High Court in 2008 to resolve the situation. The agreement mentioned that we would live separately without pursuing a divorce, keeping our child’s best interests in mind. It also stated that we would remain separated until we mutually decided otherwise, without specifying a time limit. I’ve been making monthly payments as agreed. I’m wondering how this agreement is legally binding under the Hindu Marriage Act. What is my legal status considering these circumstances?
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Apni Law Staff asked 2 years ago

My wife filed a 498A case against me and my family back in 2006. We eventually reached a settlement in the Allahabad High Court in 2008 to resolve the situation. The agreement mentioned that we would live separately without pursuing a divorce, keeping our child’s best interests in mind. It also stated that we would remain separated until we mutually decided otherwise, without specifying a time limit. I’ve been making monthly payments as agreed. I’m wondering how this agreement is legally binding under the Hindu Marriage Act. What is my legal status considering these circumstances?

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Best Answer

Apni Law Staff answered 2 years ago

The settlement agreement you reached in the Allahabad High Court, being a court-sanctioned document, is legally binding under the Hindu Marriage Act. Your legal status, as per the agreement, is that you and your wife are separated, not divorced, and bound by the terms of the agreement. This means you are not free to remarry, and your marital status remains unchanged unless the agreement is revised or a divorce is obtained.

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