Legal Question in Family Law in India

Dear sir
I got married in the year 2006 and had a son in 2007. From day one of my marriage my husband and inlaws were harassing me and even pushed me and my son many times out of the house and they only again came back to me, pleaded my parents before mediators and took me to their home and again the harassment continued. I walked out of the house 3 months ago unable to bear my husbands and inlaws harassment. We tried to talk through mediators for the divorce and permanent custody of my son. I even refused to claim any maintenance for me or my son and also give back the jewellery given by them during wedding and would not claim any maintenance in the future too. But he refused to give divorce. Then I filled 498a and also divorce petition in the family court. We stopped the arrest and I do not have any intention of getting them arrested them any more. He is coming back to me and pleading that he wants me and he still loves me and will take very good care of me.
Can I go back to him without withdrawing 498a as it\'s not false case and nothing was cooked up and written in my complaint. And can I ask him to give in writing that he will take care of me and my son and would not harass me anymore and also will not indulge me in any legal allegations in future if again any issue araises. Becoz he has got a habit of recording by instigating a fight and when I shout he records in his iPhone. Pls advise.
Regards
Anusha

Asked on 11/01/13, 5:41 am

2 Answers from Attorneys

0 users found helpful

0 attorneys agreed

Dear Anusha,

Inform the judge through prosecutor in court that your husband has came for a settlement and ready to live with you. And request the prosecutor to take chief examination in court and narrate your complaints and add that because to protect the marriage and son you are withdrawing the complaint up on request from the husband that he is ready to look after you.

Again your husband shows this type of attitude you can file complaint there is no bar in it. When ever you file a file a complaint narrate the incidents in a systematic way and keep a copy of the complaint with you, in order to read and refresh at the time of evidence.

Do not bother about his recording habit, if he records anything tell him that you shall file complaint against him. if he displays any recorded clips except call records, simply deny it by saying it is not my voice and he has made that with another process. Let him go and prove it.

Both of you may attend a family counseling center attached to government hospital near your residence. Good Luck.

Answered on 11/01/13, 9:29 pm

Mark as helpful