Can settlement or reunion possible before hearing in family court
My daughter filed a maintenance case in the family court against her husband because he is not at all taking care and responsibility in the family affairs, house hold expenses and also not taking care of their physically disabled child ( 11 years ) for the past one year. Also for the past eleven years, she was subjected to domestic violence and physical torture by her husband which she was tolerating all the time. She has not asked for divorce, but requesting before family court for the maintenance cost to be borne by her husband for herself and child. The court has also sent the summons to her husband but do not know whether he has received the same or not. The family court has fixed the first hearing date in the month of September 2016.
Now her husband came down and requesting my daughter ( in person and telephonically also three times ) that we will lead a happy life and he will take care of her and the child without mentioning the family court summons that is about the maintenance case filed against him. He requested me also ( as father ) that he will take care of my daughter and his son without any problems and that they will lead a happy life and requested me to intervene and sort out the issues. Previously as a father I requested and begged him to care of my daughter and his son, but that all went into his deaf ears and did not bother at all.
Will it be proper now at this stage for sorting out the issue that is for their reunion ( taking care of my daughter and child ) before the hearing date fixed in the family court ? In case if every thing is set right, then what happened to the case filed in the family court by daughter and what steps are required to be taken by my daughter ? Will there be any implications against my daughter as she has filed the case ? Whether any type of undertaking required to be taken from him and how far and to what extent we can believe his versions ? If the issues are sorted out now, are we to inform the court ? Please advise in this regard..
Asked 2 years ago in Family Law from Bengaluru, Karnataka
Get the matter referred to mediation on the hearing date, there convince your son in law to give an undertaking what ever he has promised he will do now, let this be recorded in the case and there both parties can file a joint memo informing the court to dismiss the case as having been mutually settled before the mediation centre. This way tomorrow if your son in law were to go back on his words or promises, he can be pulled up by the court for Contempt.
1) the change of behaviour by husband is mainly because of summons served upon him
2) better wait for court orders to be passed .let court pass order for maintenance
3) there is no guarantee that husband will maintain wife and handicapped daughter .
4)ask him to give an undertaking in writing that he will pay wife X amount per month towards her and child maintenance and that he will not physically assault his wife again
5) if he agrees to give written undertaking then only wife should return to hr matrimonial home
It is for certain that he has changed or at least pretends to have changed after she filed this case for maintenance.
In any case, you may give him a chance to take her back and watch him and his attitudinal behavior for another three months, in the mean time let the case go on.
Dont withdraw the case in a haste.
There may be chances that he may change himself and would become alright, if not there are legal ways to make him alright or for alternate reliefs.
If the spouses are able to reconcile the differences then your daughter may withdraw the case on the next hearing. Alternatively, her husband may appear on summons in the court and inform the court about his willingness to maintain his wife and child, whereupon the court may pass an order in terms of the compromise which can be executed if the husband subsequently violates the undertaking given before the court.
It is good to settle the disputes amicably if both the parties like to do so.
Based on you briefing, i am of the opinion that its not advisable to withdraw the suit filed for Maintenance.
if he approaches again with the request for reunion, inform about the case and tell that, you are open for court mediated settlement/reunion. there shall not be any out of court settlement.
Ask him to appear before the Hon'ble court and seek mediation. there you can make him to agree to you conditions referred about.
Which may be like:
1) Reunion happens if you agree in the court to provide monthly maintenance.
2) Both the parties can mutually quantify the amount of maintenance for wife and child.
3) Husband should not have any objection to order for such maintenance.
4) Maintenance Order will be sought to be enforced, if he fails to maintain his wife and son out of his own will.
one these 4 conditions she can request the court to dispose of the maintenance petition. This will work as deterrent to his wayward behavior.