Agreement to withdraw a complaint
I had filed a complaint under S. 502, 503, 507 IPC against my father, who has an illicit relationship with another woman ensuing which he has been subjecting my family to various forms of atrocities and violence for a couple of months. However, due to intervention of our relatives, who have sought to reconcile the matter outside the court, I have been asked to withdraw the above mentioned complaint after being assured that any misbehavior on his part shall be discontinued. My father is also ready to enter into an agreement stating that provided I withdraw my complaint he shall ensure the safety and peace at at home and also provide money for household expenses. Is such an agreement valid in the eyes of law? If so, is it advisable into such an agreement? Will this in any way affect my right of redressal in case there is a breach of agreement on his part? And must we submit a copy of the agreement with the police authorities?
Asked in Family Law from Faridabad, Haryana
its good that your father has agreed to ensure safety and peace at home, subject to your withdrawing the complaint against him. Amongst family members faith is of prime importance. May be your father turns a new leaf after this incident. Your entering into agreement with your father is a family settlement agreement and is valid in the eyes of law and at any time you can seek redressal by filing complaint again against your father. Since you are going to withdraw your complaint against your father, the Police may insist for a copy of the agreement.
1. Your father has legal obligation to provide maintenance in the family at least for your mother if you happens to attain majority.
2. now even if in the agreement he undertakes to provide maintenance to you the same can not be sustained in court.
3. I doubt that the agreement would change his heart . However there in harm to get such agreement executed. Your mother has legal right to get maintenance irrespective of execution of any agreement.
Even after the agreement if he does not change and look after his family in all respects, you and your mother still can exercise your legal rights in court.
Advocate, New Delhi
it is better to enter by registered agreement with witnesses. mention in agreement his abnormal behaviour & excpetance on his part. you shall give him a chance for improvement. latter on voilation on his part may be used as evidence through this agreement. for brief you may call
Advocate, Greater Noida
1. First of all get it admitted by him in the said agreement his illegal act of whatever has been alleged by you before the police,
2. Let you not withdraw the case but give a letter to the police not to proceed on the matter for the time being since he has given an undertaking to change,
3. Getr it also mentioned in the letter to revive the complaint without any notice in case of his failing to keep his commitment.
1) it is better to arrive at an amicable settlement
2) your father is willing to admit his illicit relationship and take care of his family
3) in law he is bound to maintain your mother . if he fails to do so your mother always have the option of filing fresh DV case against her husband and seek right to stay in matrimonial home or alternative accommodation . she can also seek maintenance .
if you reach to a settlement and he signs an agreement to that effect you can take necessary steps to withdraw the complaint .
In case he does not observe the conditions /Terms of the settlement your mother can file FIR or proceed in a court in various legal options available to her. maintenance for her and the minor children is the right of her which she can seek any time.
First of all get it admitted by him in the said agreement his illegal act of whatever has been alleged by you before the police, you not withdraw the case but give a letter to the police not to proceed on the matter for the time being since he has given an undertaking to change,. Ger it also mentioned in the letter to revive the complaint without any notice in case of his failing to keep his commitment.
Advocate, New Delhi
1. Your father has agreed to take care of his family. Withdrawing the complaint is a welcome move, but you should tell him to specifically admit in the agreement that he had an illicit relationship which he will discontinue. If he refuses to state so then there is no point in withdrawing the complaint.
2. If he retracts from his promise then you can again file the complaint against him. Furthermore, your father is bound in law to support his wife financially. If he abdicates this duty then your mother can file a case for domestic violence to seek maintenance, protection and residence from her husband.