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spoiled (na)     15 July 2014

Planning to save marriage - counselling - t&c - urgent.

I filed divorce petition 13(1)(ia) on cruelty grounds against my wife. but during the counselling session she/her family  is agreeing all mistake and ready for settlement. My main problem is she want to separate me from my parents due to which all the problems arose. Even I did some mistake but girl/family is not telling anything in court? Does it sound some fishy?

I am planning / trying to give her a chance and also it is my parents wish as well to save marriage. They dont want to spoil my family/future.

Questions

1) What should be written in the Terms condition?

2) Does the Terms & Condition has any weightage/value if the girl changes after coming back?

3) Can my current petition be kept on hold for some period of time say 6-12 months?

4) Counsellor told it will be contemp of court if she misbehaves again?  What is this?

5) I want to write that I did not took any dowry before / after marriage from girl, bcoz i never took it{so that i am safe in future from 498 etc}

What all is the major points i need to write in T&C please help....  urgent.



Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 July 2014

No terms & conditions between husband & wife. ONly pure heartly love welcome each other with full confidence in their love. Believeness is more important on each other.

gautam (not disclosed)     15 July 2014

Prima face, if girl is not accusing you of anything in court, then it means, they really want to reconcile, i guess they are sensible for not taking matters too far, once they accuse you of something and file for 498A or domestic violence case out of ego and anger, then the matter reaches to a point of no return

If you sincerely feel that they are willing to extend their hand for compromise, I suggest don't try to take advantage of the situation, they are willing to bend, then you should also show some grace and not make this a ego issue.  Such understanding and maturity are very rare nowadays


There is no contempt of court, if one misbehaves.

You cannot have terms and conditions as this is not a business contract, but if you want to save yourself legally in any future problems (your concerns are right, trust takes a severe beating when matters reaches the court), you can tell them honestly that you just want in writing certain facts "Like you or your family has not taken any dowry during marriage), tell them you are not asking commitment on future behaviour like, wont quarrel, wont pressurise to leave the house, but only what has happened.

if you are being honest, i am sure the other party will appreciate and may give in writing, that can serve as a defence for you in future.

Though the other party can always claim, that they gave that undertaking to continue the marital relation and under pressure.


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spoiled (na)     16 July 2014

Experts, Thanks a lot for quick replies ...

Counsellor told me - if she disobeys, it will be contempt of court .

Girl/family are okay with me, as they dont want to leave me as I have {money,education,status}, but they dont like my parents with me, they want me to be part of their family in same town and stay separately near thier house.

Girl/family is type of goons and always talk in the same way.

 

Please help

Biswanath Roy (Advocate)     17 July 2014

Take help of a local lawyer who is well experienced   in matrimonial matters..

T. Kalaiselvan, Advocate (Advocate)     17 July 2014

There can be no written terms and conditions for resuming the broken married life.  If the elders and others wish to save the sacred institution namely marriage between you and her, better give a chance, may be she will realize her mistake and become alright for ever, however, if you wish, you can put on hold the case for another three months to watch for developments and then withdraw the case as per the circumstances.


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