breach of agreement by wife

Querist : Anonymous (Querist) 04 October 2010 This query is : Resolved
Dear Experts,
A wife & husband want to take mutual consent divorce and they filed petition in court also,before that one agreement was happened between them on notary stamp paper that "either parties shall not be file any criminal,civil or any other cases here after "i.e a wife shall not file any case on husband and vice versa.Both were living separately and after few months a wife filed a false and baseless criminal case.
Can we file case , breach of agreement on her?under sec?, wht steps will the other party will take.? Pls help

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Khaleel Ahmed (Expert) 04 October 2010
You are advised hereby defend the filed case against husband.

Devajyoti Barman (Expert) 04 October 2010
An agreement in restraint of legal proceeding is void.
You can only take advantage of such content in the agreement which makes the case of the wife false.Defend the case seriously.

Rajeev kulshreshtha (Expert) 04 October 2010
I agree with Mr. Barman.

Daksh (Expert) 05 October 2010
Dear Anonymous,

Because the agreement you are referring to is not a registered document then it would be probably be difficult to prove in court. Otherwise you can take your chance at your risk, cost and peril.

Daksh