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pankaj (self)     14 July 2013

Mutual agreement between couples help needed please advise

Hello Respected Layers,

I need your help or advise for the Mutual Agreement between Husband and Wife.

I got married in 2011 Jan, and later I was blessed with a daughter. Due to small clashes, misunderstanding and she was also pumped a lot in bad directions by her mother to get seperated from my parents so that she and me would stay away from my parents, one night due to small fight between ourself my wife attempted suicide in 2012 May, Later she left my home along with my daughter.

Several attempts to bring her back to home from my side were waste, later i  issued a notice through a layer to come back home. In reply to that she sent a notice that I was demanding dowry and physically harrsaing her etc... and she also complaint in the local police station that i was physically and mentally harrasing her but there was no FIR for this and Police people tried to convince both of us and they took in written from me and my parents that we would take care etc...

We were in touch some time through mobile, now after completing more than a year she want to come back and join me. I welcomed her decision but I want to be more careful now so I told her that what ever mistaked you have done i want in written and a appology letter in written that she would not repeat all those what has happened earlier. She agreed for this and ready for an mutual agreement

Please advise me how should I got about this now as I am the only son to my parents, I dont want my family to face this pain again because of criminal act by her mom by interfering in my life and pumping her in bad direction.

Please advise me what type of agreement should be made between her and me n my parents so that we can continue living as normal. I want it to be done all legally as i dont have strenght to face this again as i have suffrerd a lot from her side.

Your advise may help me please help.

Thanks



 8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 July 2013

I send you personal message. Please follow attachment.


Attached File : 329597497 simple compromise agreement.docx downloaded: 124 times

basavaraj shiromani (Advocate)     15 July 2013

Please follow the advise of the elderly pesons instead of any type of  agreement. 

sharada h v (Advocate)     15 July 2013

u can get the mutual agreemnt done in between both the husband and wife and agree as per the terms and conditions on both sides as to keep up the same to lead a normal life.

pankaj (self)     15 July 2013

Thank you all for your reply, I have a question.

Does this agreement must be done on a stamp paper certified by and stamped by Notary ? please advise.

If i get it done on a noraml paper than does that stands as a proof in future if any problem occurs ?

  

pankaj (self)     15 July 2013

Hello Sir's/Mam,

Please advise.

pankaj (self)     16 July 2013

Do members really not active on this forum or they dont want to reply for any concerns ?

basavaraj shiromani (Advocate)     16 July 2013

Shri Ramachary,

 

There will be a great agreement at the time of marriage while you stepping at the time of marriage called saptapadi.  Instead now if your are intending to make any mutual agreement between you with your wife it may be in any form. as agreed , but any one objects either by you or by the side of your wife, then its of no use as the parties may give adverse finding on the said agreement.  You may think about as to what extent it can be used as evidence in your part.  Apart from, you better, keep hope and believe the worrds of your wife. Otherwise take your own firn decision as your soul says.  In your case, I am advising you to heed the voice of elders and wish for your better future. 

Advocate Ravinder (Advocate/Attorney)     15 August 2013

Agreement or MOU outside court is not valid in the matrimonial matters unlike commercial contracts. Hence, there is no use of taking agreement/MOU from your wife.  Inspite of giving MOU, she can again file case or cases of 498a, dowry harrassment, DV case etc if she wants. Then what is the use of taking written MOU or agreement.  Better settle the same with mediators, well wishers and community memebrs and take the MOU in front of them and make them as witnesses and this can be used to scold her in front of the same elders in case of voilation of terms and conditions by the wife, except this there is no use in the eye of law. 


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