Can i take in written by wife that she leave home in future?

Shiv (Querist) 04 September 2020 This query is : Resolved
Wife left home without any valid reason and lived separated for six months. Now she wants to come back. I and my family members never bother her. We both are working. But she was not ready to share home with my parents. She left home, she thought I will leave my parents and follow her. But I didn't. Now she is coming back. Can I take in written that "she has not any problems from me or my parents. left home without any valid reason. And I am willing to lead a happy life again.

I can't trust her. Because she asked me for divorce, her mom dad threatened me that they will send me jail.
Plz give me suggestions. I need it most.

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Quick Summary

A husband is seeking advice after his wife left home for six months and now wishes to return, but with conditions that he and his parents stay away from their child. He is concerned about her past actions, including threats from her parents and a previous request for divorce. The discussion explores whether a written agreement is legally binding and offers suggestions ranging from mediation and compromise to legal action like filing for divorce or an FIR against the in-laws.

kavksatyanarayana (Expert) 04 September 2020
I opine you cannot leave your parents and to leave your parents is not correct. If you wish to lead a happy life with your wife, at the same time she shall also think like that. It requires trust and belief between the wife and husband. Both of your strong belief that you can lead life happily without any hindrances. An Agreement between wife and husband is not correct. If you feel that she will be happy living with you then welcome her. She shall also think like that. Otherwise, file a divorce petition. by consulting a local lawyer. You stated that your parents-in-law threatening you. So file FIR against them in the Police Station concerned.

Dr J C Vashista (Expert) 05 September 2020
No, not at all, if you want to continue the marriage institution.

Dr J C Vashista (Expert) 05 September 2020
Calm down, discuss the issue (if any, which I did not find from the facts posted by you) convince her, be a loving and caring husband as well as son (for your parents), she would definitely reconcile, accommodate and care your family which has to be reciprocal (both sides).

Dr J C Vashista (Expert) 05 September 2020
No legal issue is involved in the facts for consideration and obligation of experts.
Accordingly is it not an abuse of this platform ?? LCI Admin may examine such queries before posting.

Shilesh Patel (Expert) 05 September 2020
no legal issues involved.

R.K Nanda (Expert) 05 September 2020
No, you can not take in writing any such conditions.

P. Venu (Expert) 05 September 2020
Any undertaking, as proposed, is of no legal consequence. However, the compulsion of your wife in order to abandon your parents amounts to marital cruelty.

Rajendra K Goyal (Expert) 05 September 2020
If you take in writing:

i) It may be considered as pressure tactics from your side.
ii) It has no value, in case of any event / case would be considered on merits.

Apparent possibility:

i) She may start gathering proofs against you and your family for filing cases of domestic violence etc.
ii) It may prove to be a strategy for her future plans.

Suggestions:

Take help of friends and relatives of both sides, have mutual understanding for peaceful living.

No guarantee even after it yet hope sustains life.

Sudhir Kumar, Advocate (Expert) 06 September 2020
agreed with Mr Goyal.

Many woman faced imprisonment in Taliban ruled Afghanistan simply for the crime of escaping torture of husband. [source
https://www.youtube.com/watch?v=MWsSVkzskos]

As apparent from facts your wife is not willing to live with your parents and perhaps has not problem with you (though you did not specify) as you say that she expected you to follow.

She is under no obligation to live with your parents/. The given circumstances show that she is not feeling (right/wrong) comfortable with them.

Try peaceful solution.

Try peaceful solution.

Shiv (Querist) 13 September 2020
Thank you all of you.
I want add more about situation.
I didn't mentioned that we have a child (15 months).
My wife is saying our son will be live with her parents. She is ready to come back if my parents will stay away from me. And my parents will not see their grandchild. Only I and she can meet our son. She is forcing me to leave my parents.
How can I accept all these conditions? Can I file divorce? As she is not much interested in matrimonial life.
We both are working. She earn more than me. What are the chances of getting divorce in my case? Please guide me. 🙏🙏

Isaac Gabriel (Expert) 14 September 2020
In matrimonial home these phenomnon is prevalent.But it will disppear when cicumstances compel getting togethr.So, keep silently observing developments.Don't get annoyed.

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P. Venu (Expert) 14 September 2020
Certainly, the stand adopted by your wife amounts to marital cruelty unless, of course, she has proper justification for such an approach.

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Rajendra K Goyal (Expert) 14 September 2020
Her stand is excessive, cruel and need to be condemned.
Yet due to foolishness of one, life of three (you, her, child) is at stake.
If you are serious in saving your married life, may start living away from your parents.
She may not visit them; you must visit them regularly.
Try to have balance between your life as husband and son.
Do not allow her to keep child with her parents.
Bow before acceptable demands, do not bow unacceptable demands.

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