What points to include to save husband from future false cases
abc
(Querist) 06 February 2015
This query is : Resolved
Dear Ld. Experts
My client (husband) eloped and got married 11 months ago. Since marriage wife is living with her own family who are still unaware of the marriage. she never lived in matrimonial home. They have consumated the marriage. wife had quarreled with husband and mother in law many times. During fights she has put allegation that they want dowry. She also went to husbands shop and embarrassed him there. She has also criminally intimidated husband that she will get him beaten up by her brother and goons as his brother is a big builder & has contacts everywhere.
Now sometime she says I want divorce sometimes not. Husband wants divorce. Now she is asking for reconciliation.
Since there is 1 month left for 1 year to marriage and that now since she is in mood for reconciliation she agrees to give in writing that her allegations for dowry etc. were false and that she is living with her father on her own will.
Please tell me what all should I take in writing so that tomorrow she can not initiate false cases against my client husband like demanding dowry, not allowing in matrimonial home etc
Also how should I prepare the matter. I mean should it be an MOU on stamp paper or an apology letter.
Thanks in advance. Much obliged.
-Rahul sharma
advocate
T. Kalaiselvan, Advocate
(Expert) 06 February 2015
There is no guarantee for her to not to resort to such illegal habits of extorting or demanding from her husband despite giving anything in writing and moreover such assurances in writing cannot be held as legally valid and binding. This is a continuing offence, so she can very well approach the police even after giving in writing, but for the sake of a fear in her mind, you may get as assurance from her in writing about the matter which she is ready to undertake and get it notarised for the sake of letting her know that she is bound by it.
Devajyoti Barman
(Expert) 07 February 2015
Whatever you take in writing that would be matter of safeguard for her past acs only. For any subsequent illegal acts, she can well file fresh case.
Marriage thrives on faith and trusts and not on any piece of paper.
prabhakar singh
(Expert) 07 February 2015
There is no mechanism of any kind that can keep you safe from future litigation.
P. Venu
(Expert) 07 February 2015
Your profile does not reveal that you are not an advocate. Then, how there could be client?
Rajendra K Goyal
(Expert) 07 February 2015
There can be no guarantee / safeguard in regard to litigation in future.
Take in confidence her parents and try to save marriage.
abc
(Querist) 07 February 2015
Dear Experts thank you so much for your response. Yes I Understand that it can not save him from future litigations.
My point is like if she tomorrow says that she was thrown out of matrimonial home after 1 day of marriage demanding dowry or something..in this case if we have in writing that she was living at her fathers place at her own will can we save our self..??
P venu sir I dint pay much attention while signing up..I will update my profile..
T. Kalaiselvan, Advocate
(Expert) 07 February 2015
Any expert cannot give his opinion to your continuous predictions, saying that if this happens then what, or suppose that happens even after this then what?
You have been properly advised, first proceed to solve the current crisis and then come back with the query on the subsequent developments.
abc
(Querist) 07 February 2015
Thank you sir for responding. I get your point.
Since i was thinking of drafting a MOU or something I wanted to know what all should i include. Like when make Lease agreement we make provision for future possibilities.
Anyways I get you point. I know my question was strange. Thanks to all the experts.
Dr J C Vashista
(Expert) 13 February 2015
Dear Rahul,
1. In order to get a draft MOU you may request some of your senior and even seek some help/ information from the typists working in the court complex.
2. However, you may also take help of some books on drafting from library, which is not possible on this platform.
3. I am practicing in Delhi Courts, if you are also here and want to know from my shallow knowledge, you may contact me for certain tips.
T. Kalaiselvan, Advocate
(Expert) 13 February 2015
If you are in Delhi, take down the details of our expert Dr. Vashista and avail his services and expertise to overcome your problem.
