• Is MOU or Compromise Deed legally binding when resuming marital life

My wife filed false police complaint in Hyderabad against me about harassment and domestic violence only to threaten me and does not have intention to leave me for now I think. It is second marriage for both and I am forty four years and we have a kid, so in CAW counselling I also agreed to resume marital life. No FIR yet. She is still at her maternal home and is egoistic and lazy. She had contested cases in her first marriage, I had none in my first.

If I get her back, how to save myself from false cases in the future?

1) If she self inflicts in the house after coming back, will it be a problem for me to fight the allegations?

2) Will it be legally binding If I make her sign MOU or compromise deed now, that she will not put cases on me in the future and instead we will go for mutual divorce on conflicts in the future and I will pay her Y lakhs then? Or will it be counter productive for me in the future where she will file cases anyway and also claim the Y lakhs?

3) If I install security cameras in the hall, kitchen for my future safety, will it help against false cases of her self inflicting?

4) Can my 70 year old mother who stays with me be saved from false police and court harassment in any way?
Asked 4 years ago in Family Law
Religion: Hindu

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8 Answers

Install CCTV cameras in hall ,kitchen 

 

2) if wife attempts to commit suicide case can be filed against st you 

 

3) even if you sign MOU you cannot restrain wife from filing cases against you and force her to agree for divorce 

 

4) if false dowry harassment case is filed apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

Hi, MOU or compromise Petition will not help you in your case. If you have a pending case before the Hon'ble Court then you can settle the dispute amicably by entering compromise Petition. However for dispute in the matrimonial cases the entering into MOU or Compromise Petition will not help you.

 

2. Further, installing Security Camera will not help you. It is better you can adjust her and live with her. 

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

  1. Your apprehension of injuring herself may be well founded, but there is no preventive measures for that.
  2. Any agreement not to file case is void and not enforceable. Even if it is executed, it cannot be used against her. As feared by you, it will counter productive.
  3. Installing of cctvs will certainly help as it will record all activities of both. But the idea of living with wife under the view of cameras is not pleasant.
  4. In Rajesh Sharma case Supreme Court has issued direction to police not to harass aged relatives of husband without sufficient evidence. If any case is filed you can use that judgment. Apart from that as pointed out there is no preventive measure under law against criminal complaint.

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

Dear client, 

1) yes, possible 

2) it can be binding. 

3) Yes 

4) If she files against her then you do need proof to disprove her allegations. 

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. You can lodge a compliant as information to the police and higher official for your safety , after mentioning that she is habitual of creating trouble for you and family members and also to file complaints , hence if she files after coming to matrimonial home, then you and your family members will not responsible for eh same. 

2.Yes, 

3. Yes

4. She can also file a complaint as mentioned above 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1.  Yes, it will become problem to you if she resorts to self infliction activities just to trouble or torture you.

2. No such MOUs are enforceable in court of law hence it will not have any binding effects especially it cannot restrain her from future complaints agaisnt you.

3. That may come to your rescue in case of any untoward incident that may take place falsely  involving in the criminal complaints

4. If she has decided to implead your mother also in the false cases, she may also have to undergo the strenuous events that may occur due to this false complaint. 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

You need to sign a consent terms that she will not file any cases in future as well as will not raise the past history against you. It's binding but she can break it saying fresh allegations of harassment

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1) If you both reconcile and start living together again, it should be on an absolute mutual trust basis. There is, however, no guarantee for her desisting from foisting false cases on you, in case of breach of trust.

2) No such agreement will be legally valid. Only mutual trust matters.

3) Do not take any such steps. It will only create distrust again.

4) If she does not harm your wife in any manner, either physically or mentally, she is safe.

 

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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