Planning to get married wants to get protection from misuse of 498
31-Dec-2023 (In Divorce Law)
I am planning to get married in India. we both are divorced and it's our 2nd marriage. I have noticed she always lie about little things and later on try to amend her mistakes with an explanation. I don't mind that as some ppl have a habit of lying I can ignore little things. I am Just bit concerned about misuse of 498a is their something I can do to save myself ahead of time incase she decided to pull some shenanigan on me by using 498a IPC? Is it possible to get mutual written agreement which shows nothing has been taken or given by both parties.
Yes you make an agreement before the marriage n in agreement you mention condition on her and take signature of her along with witnesses thereafter you perform marriage that's best solution of your problems
Yes it can be done by mutually entering mutual consent agreement. You both may write each and every term and condition upon which you are entering into your 2nd marriage. If you want to register that agreement that can also be done.
There is no general way of such protection as you are planning, but be careful to get the program recorded by video and photography means and take care that there is no exchange of gifts from either side in videos and photographs. 498 includes shouting after marriage which you cannot prove so pray to god for good future. God Bless You both.
Once bitten twice shy
There is no estoppel in Law there can’t be any binding not to take action under penal law even if an agreement is executed its void.
However if no Dowry is taken or given Affidavit to that effect can got executed before Magistrate and it is valid, it can be used and is recognized in case of false complaint
There is no estoppel in Law there can’t be any binding not to take action under penal law even if an agreement is executed its void.
However if no Dowry is taken or given Affidavit to that effect can got executed before Magistrate and it is valid, it can be used and is recognized in case of false complaint
In view of your second marriage, you must have undergone with lot of problems in your 1st marriage and proper care and evidences are required to avoid any further complications in your second marriage. Written agreement is a best evidence which can be used any where in future. If she agree to make a written agreement relating to all dowry articles and other things then make a proper drafting from experienced lawyer and keep in safe custody.
regards
Adv Malhotra
regards
Adv Malhotra
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