• What must be written in reconciliation statement

After 6 months of lodging 498a /DV/MAINTAINANCE against my husband.. He is accepting all his mistakes and wants to reconcile with me. He wants a fresh beginning, so am I. But I am afraid, what if after sometime all of them start misbehaving with me again. My husband is not ready for the idea of living with him for 6 months and then quashing the case. He wants me to quash the case first and then move together. PLEASE HELP ME BY GUIDING WHAT SHALL I TAKE IN WRITTEN IN THE RECONCILIATION STATEMENT FROM HIM SO THAT MY INSECURITY GETS OVER AND AFTER BEING FEARLESS I MAY MOVE WITH HIM. 

Also want to know, Do people breach the reconciliation statement.. What are its consequences?
Asked 4 years ago in Criminal Law
Religion: Hindu

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11 Answers

Hi

Look 498A needs to be quashed. Make statement in quash petition that he wants to improve himself and want to give life a second chance.

DV and Maintenance cases are to be withdrawn. 

Mention same statements while withdrawing all the cases.

 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can take it there is no harm in the same

Prashant Nayak
Advocate, Mumbai
32051 Answers
183 Consultations

4.1 on 5.0

File consent terms in DV case 

 

that husband agrees not to make any demands for dowry 

 

that husband agrees to return your stridhan 

 

that agrees to maintain you 

 

husband  has to file for quashing and you have to cooperate in quashing case in HC 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

If both the parties agree to the same, then you and your husband can enter into a compromise agreement and file the same before the court in each of the cases that have been filed by both of you thereby bringing an end to the litigation and can thus start living a normal life.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Better you can sign MoU from him and put on paper all terms and conditions as per your wish keeping in mind all types of consequences pro and cons. 

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

No reconciliation agreement in this connection is maintainable in law and cannot be enforced in court of law if either of the party breaches the same in future.

You may decide such issues based on the circumstances prevailing at your end.

Remember that you cannot file a quash petition, he has to file the same and you may have to give no objection to that, hence you can utilise that position for referring the matter before mediation and get an endorsement done through the mediator to this effect which may create a fear in him suppose he is trying to breach the agreement.

 

T Kalaiselvan
Advocate, Vellore
85105 Answers
2215 Consultations

5.0 on 5.0

1. Reconciliation is typically done when both parties are mutually amenable and amicable to each others thoughts and views, more so when such things involve emotions & sentiments and further more so when such things are not negotiable business.

2. Once a person has behaved adversely and caused mental & physical sufferings, THEN it is best to abandon such person and move on with life.  No amount of any wordings /clauses in any reconciliation statement, can reverse nor assure you of any positive ends.

3. However, despite everything of the past, IF you wish to think positively, THEN you may take an "irrevocable indemnity bond", for a particular sum of amount, which he /family would be liable to, on breach of the reconciliation, where such reconciliation statement would include refraining from any physical & mental violence by him & family, assuring your financial safety & freedom etc....

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. if he makes a statement in the court proceedings of DV and maintenance case that he accepts the version of the petitioner and later on you withdraw the case mentioning the compromise then the same will be a binding impact on him,

2. you can enter into a memorandum of understanding with him, which will contain the complete terms and conditions and can be made part of the court case,

3. people break the law, what is the value of the statement,

any agreement/statement can be breached

 

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

See you can record a settlement stating husband has accepted his faults and wrong doings know for sake of family you both has settled mutually through family in case if husbands repeats such things in future it will be open for you to file fresh cases against him. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

With such condition it is for sure, he will back step once case withdrawn. DV/MAINTAINANCE can file again but if criminal case withdrawn on the basis of settlement, will not reinstate.

And if DV/MAINTAINANCE withdraw than should be with the liberty of court to file fresh in case husband duped you. Try 6 months than only proceed, can take long date in cases. 

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

1. You can take statement that " I accept my Mistakes and allegations mentioned in the complaint and will not repeat any such behaviour in future and ready to take you back with me and if repeat the mistakes then you are free to make new complaint against me". 

2. Yes people generally breach these type of agreements and you can make fresh complaint if your husband repeat the behaviour of domestic violence against you.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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