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Validity of Memorandum of Restitution of Conjugal Rights
14-Mar-2023 (In Family Law)
Hi, I am a Hindu woman, married in 2014 and left matrimonial house in 2015 during advanced stage of pregnancy due to tremendous mental torture by my inlaws.. I have a daughter of 2years now.. My husband filed a divorce petition after which i got it transferred through High Court.. After that my husband did not carry forward the divorce case and probably withdrew the case.. Now, since January 2018 he is visiting my father's house where i stay with my baby.. He and his mother are requesting me to go back and start a fresh happy family with him.. But i doubt their intentions.. As in the divorce petition he has made huge false allegations against me.. A maintenance case and a 498A case is active against him.. now i am confused whether he is genuinely trying to get us back or is pretending.. If suppose i agree to go back to him, is a memorandum of understanding for restitution of conjugal rights valid? Matrimonial agreements are enforceable? What to do?
Yes a memorandum of understanding can be made with harsh clauses and be made over a stamp paper and together be lodged alongwith a general diary and moreso getting a strict order from court that every and after 6 months there will be a date for the wife to file report before court about behaviour of husband and in laws.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Agreements relating to marriage are not valid till date. Visit by your husband could be a ploy only. Case filed under S 498 A of IPC ,1860 is never advisable. It leads to no where. You should try to be independent in some manner and deal with the situation. Your husband and his family will continue to torture you once you get back, this is what I assume. If lives separately with you near your father's house then you could feel safe.
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Adv. Dr. Saibal Chandra Pal
Kolkata | 100+ Answers
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Ma'am,
You seem to have a mental dilemma rather than a Legal case, it can be assessed by you only. You may go back to your matrimonial home if you wish and see that there will be no torture as you have a daughter.
You can also claim separate stay in your matrimonial home if you wish.
Marriage is not a contract for a Hindu so memorandum of restitution may be made but it may not be enforced in law. But you can at any time file criminal case as well as divorce if necessary, even after filing compromise now.
You seem to have a mental dilemma rather than a Legal case, it can be assessed by you only. You may go back to your matrimonial home if you wish and see that there will be no torture as you have a daughter.
You can also claim separate stay in your matrimonial home if you wish.
Marriage is not a contract for a Hindu so memorandum of restitution may be made but it may not be enforced in law. But you can at any time file criminal case as well as divorce if necessary, even after filing compromise now.
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