sony (H) 08 April 2023

Matrimonial cases

hello sir/Madam

I’m well educated and software engineer, I got engaged with my husband on April, 2022 and married on May, 2022. My husband and myself staying together with In-laws and my sister in law’s family also stays in the same apartment. My arranged to consummate the marriage but it doesn’t happen. I found the changes in his behavior like saying that my physical appearance is different before the match making and after marriage. Father-In-laws and mother-in-law also mentally harassing me by saying abuse words and body shaming me. I informed the same to husband but he always supports his parents. Six months completed but we didn’t consummate our marriage. In-law’s keep on harassing me and my parents over my body appearance, color and height. I went to my parents’ home for the festival during the time I got lawyer notice that my husband filed a suit under sec 12.1.C fraud annulment against me on 1^st week of Jan,2023. We tried multiple times to talk with husband and in-laws they didn’t considered it.

In the last week of Jan, 2023, I filed 498 A case against my husband and in-laws saying dowry harassment and questioned about his impotency. Through mediators and police both families met and decided to get separated though mutual consent and an agreement made with 20 rupees notary saying that husband to return dowry back and separated through mutual consent divorce. I am in depression and unknowingly signed the agreement without my fully acceptance.

Husband withdrawn 12.1.C case and it is disposed uncontested withdraw. For now, my 498A case is still pending at police station, charge sheet also not written by police till now. We tried again multiple times through mediators to not separated and asked a chance to stay together he is not interested to stay together. We are not sure if he is impotent or not.

I really don't want to get separated. Below are the questions have. Kindly address it

Please suggest me if the agreement is valid or not in Law?
I’m not interested to go for mutual consent divorce will my husband can again reopen that 12.1.C case against me and how it is valid at law with in the limitation of 1 year may 15^th
Will the police people Quash the FIR based on the agreement made?
my husband already maintained the police, If charge sheet is not filed with in 90 days what will happen to register FIR?
If police is not filed charge sheet with in 90 days. Can I reopen same FIR again through court directly?

I want to stay with him. please suggest me what should I do next. is there any hope in my relationship.

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3 Replies

Shakti Maan (lawyer at Supreme Court delhi 9650334626) 08 April 2023

1. agreement is not valid divorce, in leading case Supreme Court held the divorce on stamp paper is not valid.

2. File a petition for restitution of conjugal rights u/s 9 of family law... and keep continue 498a case and in addition file 125 crpc for maintenance and file 12 u/s dv act for domestic violence or right to residential in husband house.

3. No police can not quash the FIR they have no power only High court have power to quash the FIR.

4. You put pressure on police to lodge FIR and prest it in the court. If under 90 days charge sheet not filed then you husband eligible for default bail in that case.

5. They have to file chargesheet with in prescribed time keep you pressure on police officials try to writ sho dcp etc to make them file chargesheet in court...

Dr J C Vashista (Advocate) 09 April 2023

Question-wise reply is as under:

Q1 Please suggest me if the agreement is valid or not in Law?

Ans: No, it's invalid and illegal.

Q2 I’m not interested to go for mutual consent divorce will my husband can again reopen that 12.1.C case against me and how it is valid at law with in the limitation of 1 year may 15th

Ans: No, it is stated to have been withdrawn without liberty to re-lile. However, can you forcefully stay with your husband and in-laws when he / they are not interested.

Limitation is a different issue, discuss with your lawyer.

Q3 Will the police people Quash the FIR based on the agreement made?

Ans: No, FIR can be quashed by jurisdictional High Court.

Q 4 my husband already maintained the police, If charge sheet is not filed with in 90 days what will happen to register FIR? If police is not filed charge sheet with in 90 days. Can I reopen same FIR again through court directly?

Ans: Filing of charge-sheet witin 90 days is not mandatory / compuslory in the instant case, IO may or may not file charge sheet depending on investigation report prepared by him/ her.

IO may file closure report instead of charge sheet.

Your question qua opening of same FIR is not clear, better to consult your lawyer.

Prima facie you have no case or a very weak case against your husband / in-laws, it is advisable to review your decision to proceed or drop it.

Pradipta Nath (Advocate) 09 April 2023

1. Need to go through the agreement.

2. Clarify what is 12.1.C.? Aside, once a case is withdrawn it cannot be restored by the Magistrate without having a order from an appellate cout or can be filed fresh on fresh cause of action.

3. Only High Court has the power to quash.

4. If police is unable to file chargesheet within 90 days, the accused will be entitled for default bail. But the case arising out of the FIR continues unless the accused persons are finally discharged by the court.

5. You can place the case at anytime before the court, provided the case is not disposed of.

Please get consulted with an Advocate for better appreciation of fact.