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Seema (Analyst)     19 July 2024

Husband asking to write on stamp paper or else will not take home back

Husband and inlaws are asking wife to write below undertaking to take her back home .In view of above circumstances following undertaking is given.

 UNDERTAKING 

I with my free will and free consent without influence of either family members and relatives undertake as follows:

1: I would not pick up quarrels on petty things and reside in matrimonial home with my husband and his family members peacefully.

2: I would not visit my mother house frequently and without any reason and there will be no interference in my matrimonial home of my mother and father.

3: I would not ask my husband to reside separately by leaving his parents.

4: I will not make any false allegations against my husband or his family members and relatives and make complaints to any authority including police station.

Can this undertaking be used for taking contested divorce? Husband and inlaws are not ready to write any thing from their side



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     19 July 2024

The said undertaking is not having any contents adverse to you neither it will create any impact to the divorce case that may be filed against you in future, however please remember that this may be used as an evidence in case you resort to create any trouble in your matrimonial house 

Seema (Analyst)     20 July 2024

Before the undertaking it is also stated that wife used to pick up quarrel on pity things and goes to her matrimonial house and did not return on her husbands calling multiple times and MOU for divorce was prepared on wife saying that she want's divorce but then she denied and said that she wants to stay with her husband and does not want to separate. Now in-laws are asking to sign this undertaking. Hope this will not impact divorce case that may be filed in future.

Saloni Pande   08 August 2024

If an undertaking is being drawn up that appears to be very lopsided between a wife and her husband & in-laws, it really calls into question the fairness & respect of that marriage. The draft also wants the 'wife' to promise that she would not indulge in any dispute, restrict her visits to parental home and as well as refrain from asking husband to live who are residing separately from their families.

This unequal practice, unless the husband and in-laws are also prepared to offer an assurance or undertaking on their part as well, might result into a controlling, suspicious environment. Reminder: your marriage is a partnership and you should both feel respected - Your voice matter. Without mutually accepted responsibilities, this can lead to feelings of oppression and powerlessness. This can potentially be used as evidence in wife's favor or against her showing whether she is compliant or not of the husband and to what extent does she has autonomy.

If you force her to sign the undertaking, it may not hold much value legally since any agreement made in pressures is null and void to ensure their legality, they should include these key elements:

Identification of all the parties involved.

Offer. Details of what it is one party is offering the other or that all parties are agreeing to provide one another.

Acceptance. Clear confirmation that all involved parties agree to the terms of the contract.

Consideration. Details of the value (financial or otherwise) being provided by the parties.

Competency and capacity. Meaning all parties are capable of both understanding and undertaking the terms of the contract.

Legality. Elements like signatures and dispute resolution clauses may be necessary to ensure the legality of any contract.

But with that willing gratitude, if she ever later violates it... this could be part of a divorce against her. These documents should never be signed by the wife without proper legal advice. A lawyer - and only a lawyer... can help her make sense of the process, ask questions that most women don't even know they should be asking, understand what is happening to her and protect HER rights too. It may also be helpful for them both to seek counseling, or even mediation so that they can address any underlying issues and find a more fair and respectful solution. The slant on any root by which the tree of marriage is twisted, should always be towards good communication and fairness. Both the sides should act as a team that makes each other stronger and not someone who sets up terms mutually.

 


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