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sony (H)     16 April 2023

Agreement is valid or not in law

Hello Sir/Madam,

My husband filed a suit under sec 12.1.C fraud annulment against me on 1st week of Jan,2023. We tried multiple times to talk with husband and in-laws they didn’t considered it. After marriage arranged to consummate but it doesn't happen. We are all think my husband is impotent His behavior is also same like that only. We are not sure if he is impotent or not.
In the last week of Jan, 2023, I filed true 498 A case against my husband and in-laws saying dowry harassment and questioned about his impotency. Through mediators and police both families met and decided to get separated though mutual consent and an agreement made with 20 rupees notary saying that husband to return dowry back and separated through mutual consent divorce. I am in depression and unknowingly signed the agreement without my fully acceptance. 
Husband withdrawn 12.1.C case and it is disposed uncontested withdraw. For now, my 498A case is still pending at police station, charge sheet also not written by the police till now. We tried again multiple times through mediators to not separated and asked for a chance to stay together he is not interested to stay together.
I don't want to get separated. Below are the questions have. Kindly address it
1)     Please suggest to me if the agreement is valid or not in Law? Marriage One year not completed (May 2023) 
2)when will the agreement come into the picture?
3)     I’m not interested to go for mutual consent divorce what should I do next step?
 I want to stay with him. please suggest to me what should I do next. is there any hope in my relationship?

Please reply 



Learning

 11 Replies

P. Venu (Advocate)     16 April 2023

Certainly, such agreement is not valid.

Your husband has also withdrawn the Petition under Section 12(1) (C) Hindu Marriage Act. 

Facts posted suggest that you had filed (rather ill-advised to file) IPC 498A complaint without any factual basis.

You may take steps to withdraw/compound the said complaint. May be, such a step could open up the doors for meeting of minds and reconciliation for a married life.

Physical or psychological deficits  could be attended and settled thereafter.

sony (H)     16 April 2023

Thank you Sir, Is it possible to file a case on the agreement?

P. Venu (Advocate)     16 April 2023

No, the agreement is void in the eyes of the law and hence unenforceable.

T. Kalaiselvan, Advocate (Advocate)     16 April 2023

The agreement is not valid in the eyes of law;

If you are not interested for divorce at all then just remain silent, let him take steps to file a contested divorce, which you can challenge on the grounds and reasons you may rely upon.

sony (H)     16 April 2023

Thank you sir, but the 498A case is pending and ready to go to the high court. My arranged to consummate the marriage but it doesn’t happen. I found the changes in his behavior like saying that my physical appearance is different before the match making and after marriage. Telling all lies. Father-In-laws and mother-in-law also mentally harassing me by saying abuse words and body shaming me. I informed the same to husband but he always supports his parents. Six months completed but we didn’t consummate our marriage. In-laws keep on harassing me and my parents over my body appearance, color, and height. I have all proofs, and messages ( not false 498A case ) 

kavksatyanarayana (subregistrar/supdt.(retired))     16 April 2023

You are saying not interested to separate from the husband.  But another side you are saying he is impotent or not say?  And you filed a 498a case against him and his parents which was not withdrawn by you.  So first decide whether to live with him or not.  

sony (H)     16 April 2023

I am not interested to separate from my husband. I tired multiple times But he is not interested to stay together. I got engaged on April, 2022 and married on May, 2022. My husband and myself staying together with In-laws and my sister in law’s family also stays in the same apartment. one day me and my husband have a small fight because Father-In-laws and mother-in-law mentally harassing me by saying abuse words and body shaming me. I informed the same to husband but he always supports his parents. I went to my parents house for the festival during the time I got lawyer notice that my husband filed a 12.1.C fraud divorce case against me. We tried multiple times to talk husband and in-laws but they didn't consider it. What should I do I am helpless. If I withdraw 498 case My husband will reopen again 12.1.C case( marriage one year is not completed)or another divorce case. He only started first sir. I am ready to stay with him any time. 

P. Venu (Advocate)     17 April 2023

There are multiple legal options open before you. May be, all them are not consistent with each other. It is for you to make up your mind, may be after consultation with the elders or professional counselling.

To my considered opinion, complaint based on IPC 498A has been an ill-advised move.

Dr J C Vashista (Advocate)     17 April 2023

You have already engaged lawyer of your choice / faith who is well aware about facts and circumstances of the case, proceed as advised.

However, I endorse the opinion and advise of experts herein above agreement is invalid and void which has no value in law. Similarly the complaint u/s 498A IPC should not have been moved at this stage.

You have mentioned Section 12.1.c., which Act the provision pertain, however, experts has presumed it to be under Hindu Marriage Act which I disagree. 

When your husband and his family is reluctant for the relationship, where you have apprehension of impotency of your husband (unconfirmed statement as the marriage is yet to be consumated as stated by you) can you compel to stay / continue with the relationship ?? Simple answer is "No"

If you have lost faith in your lawyer it is better to replace.

sony (H)     17 April 2023

Thank you sir for your reply, If he is impotency "yes" I am ready to accept but my in-laws and my husband not even talk to me and not accepting me that why we filed 498A case.

my question is:

Can I withdraw 498A case in the middle of hearing? without Mutual divorce consent.

 

 

P. Venu (Advocate)     17 April 2023

Your postings suggest that the real issue is non-consummation of marriage. The remedy lies in jointly approaching a professional counsellor to sort out the issue.


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