Thavanayaki v. Mahalingam – sllr 1981 volume 1 page 391

In Thavanayaki (applicant) v. Mahalingam (respondent), the court addressed whether maintenance could be awarded where a formal marriage by Hindu rites was not established, but the applicant presented evidence of cohabitation and intimacy, thereby raising issues regarding paternity. It was held that the lack of a formal marriage did not preclude a maintenance claim for the child if evidence of intimacy and cohabitation was corroborated. The decision reaffirmed the principle that sufficient corroborative evidence—comprising opportunity, previous statements, and conduct, assessed in accordance with section 6 of the Maintenance Ordinance and section 157 of the Evidence Ordinance—can substantiate maintenance claims even absent a formal marriage. The Magistrate’s findings were restored, highligh