galsober@yahoo.co.in (def) 25 September 2008

Legal remedy required

Hello!

I am a layperson so far; plz excuse if I am unable to express.

Couple married for 5yrs; one kid 3yrs old. Wife & her parents troubled husband for long. She moved to her parents home alongwith kid. Every type of threat was used. Now after 6months, sudden change in her mood. She asks for reconciliation & revival of relationship. He smells some foul play. Is there any legal document he may insist upon signing before she moves to his house to prevent falling in a trap? Say some deed/agreement which states that no dowry/domestic violence issue was there.

Can such step be of some help in future if she comes with revengeful state. Any such document attachment is welcome. He wants her back only if safety is ensured? Kindly suggest appropriate remedy.

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7 Replies

Guest (n/a) 25 September 2008

ya..nowdays many couples draft a document before gettin married..u too can do d same..i suggest u plz contact sum legal advisor.......

Sagar Bhatia (Lawyer) 26 September 2008

U can file a Petition Under Section 9 of Hindu Marriage Act. Through Section 9, one partner can seek the assisstance of Court for direction to other partner for restitution of conjugal rights means to join the matrimonial home.

If wife is really interested to join the matrimonial home, then ask her to come present in COurt and make statement before the Judge that she is ready & willing to go back to her matrimonail home.

SANJAY DIXIT (Advocate) 26 September 2008

Rightly suggested by Sagar.
You may also go for a written compromise in the said case U/s 9 of HMAct; in which you may laid out the conditions so desired.

galsober@yahoo.co.in (def) 26 September 2008

THANX a TON for the replies & extending a helping hand.

But she has verbally agreed to stay with him. He suspects a foul play as circumstances are guessed. Moving petition under Sec9 will help at this juncture? Or some sort of MOU/MOA will be appropriate?

Main concern is legal safety of husband, if wife tries to collect false evidences of harassment & dowry after shifting to him. Can she come prepared by her lawyer to do something which may help her sattle scores with husband afterwards?

There is strong chance of something cooking! Plz suggest appropriate remedy. Can anybody send a draft agreement suitable for such situation

Gokulakrishnan (ADVOCATE HIGH COURT AND OTHER COURTS IN CHENNAI) 29 September 2008

Apart from section 9 of hindu marriage act let them have a mutual agreement that she is willing to stand with her husband and in case of any discrepancies it would be settled mutually and nothing other than that would be done

adding safer phrase he shall insert no criminal proceedings would be taken as she voluntarily accepts to live with her husband.