• Compromise without conditions

I passed 17 years married life and have a 15:year son. Before one year I came to know that my wife is in adultrous relation with one person at my residence flat. I have proof of my wife's adultrous relation. So I have filed divorce case and my wife has filed crpc 125 and dv case against me. She has tried to complain under 498 a but police did not lodge FIR before one year. Since last one year she is at her father's home and fighting above said cases. Now she is ready to compromise with me to come at my home but without any condition. Should I have to do compromise without any condition ? OR it is better to fight cases. Please give me proper guidance.
Asked 6 years ago in Family Law
Religion: Hindu

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9 Answers

it is your call . if for sake of your son you want to compromise then go ahead 

 

2) if you dont want to stay with her then continue with your divorce petition 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See at later stage she can implicate you in cases so it is better to record all thing regarding adultery and false cases then it should be compromised and cases should be withdrawn, further if you want to continue your marital relationship with her then only withdraw divorce otherwise as you have evidence seek divorce on the ground. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Husband wife daily  married life activities can not be put into any bindingness by some sort of compromise agreement putting some condition therein. It does not enjoy any legal force due some legal limitation imposed by law itself.

Further marriage is religious alliance not a commercial contract. It works on the principle of mainly faith and trust. 

Law would no way come to help in leading a normal happy married life. It can give either party some economic protection and physical safety.

so based on this you should decide on the issue of compromise with your wife.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Hi

The word "Compromise" means forgoing some of your conditions i.e., WIN-WIN situation.

If you make up your mind as to join / separate with her, suggestion can be given.

No.1 - Compromise,  you need to trust your wife and lead a normal life post compromise.

No.2 - Fighting  Cases, it cannot be said as to when the cases will be closed, as such, you need to take the call.

*  To avoid any kind of apprehension / doubt, it is better to fight the cases and get the matter decided through court of law.

** Once the adulterous life of partner is found, always the apprehension will be there at the back of the mind. What eve she does you will have doubt as to her character, as such, better go for separation. 

Good Luck.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

It depends on you if you feel like settling you can ask well as you can't fight the case also

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

After 17 years of marriage, divorce will not a good solution, You can give a try, Withdraw divorce with the liberty to file afresh in needed on same ground and ask the wife to submit in court that accepted her adultery and apologist and wants to resume with you. 

Or get acceptance from her that she committed adultery, apologist and no repetition. Also take from her that all cases filed by her were on false allegations. .

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If you want to do compromise then do it.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If she is ready for compromise and withdraw her cases and also gives an assurance that she will not indulge in any extra marital affairs henceforth, you can give another chance to save your marriage.

Since your marriage is 17 years old,m there is nothing wrong in going for a compromise settlement and withdraw all the cases.

It depends on how you take it up especially if she assures of a better behavior in future.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear sir

There is nothing better than a compromise in a family dispute.

But if you contest the cases on grounds of adultery than all the cases can be in your favour. 

It's upto you that what you want from your relationship also keep in mind that future of son depends on your relationship.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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