• Settlement by making agreement in marital disputes

Hello, I m Shiva from Mumbai, wife is from Gujarat. My wife had left my house along with my 2 year old girl in pretext of visiting my in-laws in Ahmedabad. Later she refuses to return back, and files DV, 498 and dowry on me and my parents. We are at mediation stage, and she has asked for settlement by making an agreement and she has asked for conditions that I should buy a house to stay together in my name or joint name away from my parents home, so what are the risk here if I agree to her!
Asked 4 months ago in Family Law
Religion: Hindu

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19 Answers

These things mean that she is not ready to live with you and after getting all this she still has the liberty to go ahead and divorce you on fakse and frivolous grounds once she gets all this.

She is just making sure that she gets the property and other things before filing the divorce petition.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

1. Any such settlement has no force of law in as much as it does not curb the rights and remedies guaranteed to either spouse under the legal framework.

2. Be that as it may, if you are not ready to accede to the demands made by her then do not execute the settlement.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

You should take the plea that you are willing to stay separate from your parents in rented flat 

 

2) if you buy property in joint names you would don’t be able to sell property without her consent 

 

3) if you buy in your name she can in DV case seek injunction restraining sale of property by you 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

What kind of risk you think you can face, she only wants to stay away from your parents.

If you can afford and want to save your marriage than buy a separate house and stay with your wife and daughter. Buy the house on only and only your name, not on joint name.

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

A- No risk provided she is ready for quashing before The High Court of all Criminal charges  of D V case pending against you by executing affidavit before asst.registrar on such terms and conditions as both of you agree mutually. 

 

B- Pl keep the certified true copy of joint affidavit with you along with quashing order of  High Court quashing of Criminal charges pending against you.Then No harm.you may stay with your wife with children wherever both you mutually decide to stay.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

There are no unusual risks as such considering you are already undergoing mental agony of a series of cases. 

Make the settlement agreement with clear terms wherein both of your agree to no prosecute any legal proceedings against each other. 

Get the proceeding quashed from the HC u/s 482 CrPC.

Either rent a separate house or buy a separate house in your name. If you buy jointly she will have equal rights over it. 

Hopefully this will help you save your marriage. 

Best wishes. 

Agam Sharma
Advocate, New Delhi
553 Answers
4 Consultations

5.0 on 5.0

There is no risk if you take house on your name and stay away form parents, later on you can bring your parents at your home. 

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

It depends on you whether you want to stay with her or not. Of yes then you can decide Whether to take the house in joint name or not. There is no hard and fast rule to abide to any conditions you can contest the same

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

You will have to ensure that the DV case is settled between the parties once you agree on settlement terms with her.

 

Garima Anil Mehrotra
Advocate, Mumbai
444 Answers
1 Consultation

4.9 on 5.0

Hello,

  1. There is no risk involved if you want to settle the disputes with fulfilling those conditions. This will pave way to the cases being withdrawn and your family reuniting.
  2. In case you agree and fail to fulfill the conditions, she can revive the complaints and her case will have more credence as you would have backed out. If the conditions are acceptable to you it would be advisable to amicably settle the issues that way.

S J Mathew
Advocate, Mumbai
3033 Answers
110 Consultations

5.0 on 5.0

1. Every relationship has its inherent risks and there is no agreement which makes it immune from disputes and frictions in future. 

2. A marriage survives on the bed of mutual trust and faith which is built over time with unanimous effort .

3. So proceed only if you feel like.  No one from outside can predict on success of your marriage. 

Talk to her and find out her seriousness behind this effort of rapprochement. 

Good luck. 

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

Dear Querist

If you are ready to accept her conditions then you may execute an agreement out of the court with her but there is a certainty that she will not change her mind later on. in case of changing her mind in the future, you may be lost your hard-earned money which will be invested to purchase a flat in joint name.

 

She may again file any case against you and your parents, nobody can stop her to file the criminal or civil cases.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5767 Answers
271 Consultations

4.9 on 5.0

If you don't want to agree to her demands you may refuse to accept her demands. 

You may inform her to return to the matrimonial home without any condition,  her demands will be considered on her behavioral attitude after returning to your home. 

You may try to save your marriage to the extent possible. 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

- As per law, she is having a right of residence under the provision of domestic violence Act, and cannot ask for a share in your property during your life time legally. 

- Hence, her condition of buying a house in the joint name is against the law, and further if you do so , then you cannot sell the property without getting her consent . 

- Further, As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Hence, she cannot put such type of conditions for the settlement , however it depends upon you . 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Execute the agreement and than apply for diovrce on the basis of agreement. Agreement is not binding and Forcing a husband to separate from the family is an act of “cruelty” and a ground for divorce.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

There is no risk in this agreement, you just need to look after the condition of the contract should benefit you and your family. Being in the legal proceedings will not only exhaust your time and energy but as well as your daughter's future. 

Kirti Gupta
Advocate, New Delhi
1 Answer

Not rated

If you buy property in joint names, it will be difficult going forward, she will more likely harass you for each and every thing.

Further, if it is in joint names, in case if it has to be sold, she will harass you and will not consent with you.

Better you purchase property in your name only.

 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

if you agree her demands and buy property on her name may be in future without her consent you cannot sell property. 

 

 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

There are no such risk involve in making such agreements if you are reaching at a peaceful settlement in your life. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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