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karnav shah (Executive MBA (Criminology) MBA (Finance) Doctorate (Management))     07 May 2012

If there any agreement between hindu husband and wife

We have a tricky case in our NGO. I have a husband who is being victim of wife's adultary however due to social pressure, he is compromising with her wife.

 

However he believes that her wife may continue her adultry activities since she has her affair with the person even after her marriage. her husband also caught her one time when she was elope with his boyfriend.

now if the wife does same mistake again, husband says he may want to get divorce however he believes if he does it, the wife or her family may claime money, appy 498A or DV Act or Maintance on him.

He on his safe side want to set legal agreement with the wife and wife and her family agrees to it. however the complaication is that is such agreement is valid to provide such protection if situation arises in future?

my question?

(1) can you get me the format of such agreement as per indian law?

(2) what law applied for this agreement? (If Any)

(3) how could it be utilise in case if something happned to the husband in future?

(4) Any other suggestion?

(5) if wife desert husband or elope with boyfriend if he decided to lodge divorce case then using this agreement how should he file divorce in future. 

the husband and wife both belong to SC/ST Class.

 

Please provide us information as early as possible.



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 May 2012

 

Dear Dr.Shah,

 

1. At the very outset no agreement can estop the wife from exercising the remedies given to her by the law, it is an established preposition that any agreement whereby one gives up his/her legal rights or right to recourse is void & against public policy. No agreement would do.  But there are a couple of other things that he can do to safeguard himself. 

 

2. In the fitness of things if he has enough proof to convince the court as to adultery, he should file for divorce on grounds of adultery and at the same time file criminal complaint for adultery against the adulterer (wife is not punishable for adultery in India). Cautious offence is the best defence - don't stay with a infidel wife, move out and assert your rights. 

 

Tell him to consult a seasoned lawyer !

 

Regards,

 

Advocate Bharat Chugh

MohammedRaffiq Bijapur (Advocate)     07 May 2012

Rightly advised by Adv Bharat. broken class cannot be joined

Avnish Kaur (Consultant)     07 May 2012

 just ignore her for time being and encourage her.BETTER GET SOME SOLID PROOFS OF HER ADULTERY, after tat no 498a will harm u.

Anjuru Chandra Sekhar (Advocate )     08 May 2012

Purchase a low-worth land in the name of girl's parents.  They should gift it to your friend for taking extreme care of their daughter and entire family including the girl, having been extremely and extra ordinarlily pleased on that aspect.  Include all the points that would stand as evidence against prosecution case if 498A is filed in the gift deed. 

Anjuru Chandra Sekhar (Advocate )     08 May 2012

The donee in turn should gift the same land to girl (his wife) so that girl and parents do not allege that the said land is forcibly obtained as gift and hence it is dowry harrassment.


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