Enforcing agreements in marriage
Querist :
Anonymous
(Querist) 16 March 2018
This query is : Resolved
There were martial agreement between husband and wife regarding child custody, and alimony matters that were agreed earlier and written down and signed in front of witnesses, but now violated. by wife, Can this be enforced in a way or can any criminal case be filled like 406/506/420 or can we file under U/s 39?
Guest
(Expert) 16 March 2018
Is the case history also anonymously hiding like you, as you have avoided discussing here?
Querist :
Anonymous
(Querist) 16 March 2018
Can expert answer my question, please?
Querist :
Anonymous
(Querist) 16 March 2018
Can expert answer my question, please?
Vijay Raj Mahajan
(Expert) 16 March 2018
Simple civil matrimonial agreement between parties if get violated by either party it comes to an end as provided u/s 39 of the Indian Contract Act, the question of criminality arises if there is financial looses which were part of the agreement/contract which otherwise the party was not entitled under the matrimonial laws applicable to the parties or injuries suffered in person by the other party, in such cases only the provision of the Indian Penal Code comes for relief and punishment, however the courts give lenient view while using penal laws to punish the party infringing the matrimonial agreement.
Querist :
Anonymous
(Querist) 16 March 2018
Thanks MR Vijay Raj Mahajan
Dr J C Vashista
(Expert) 17 March 2018
If you are seeking obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform. No reply for an "anonymous" author. Otherwise consult a local lawyer.
