Legal Question in Family Law in India

Please clarify the following query

Marriage happened with in two months she left the husband home and finally she filed DVC and 498a cases based on that husband file divorce case ground of cruelty

Meanwhile wife mentioned each cases like �marriage not consumed� and husband filed the counter on that �Marriage was consumed�. Still cases are pending past 4.5 yrs no status.

Now we both family agree to compromising the issue and preparing MOU.

Now my clarification.

In MOU wife side family included point �Marriage Was not consumed� because they are telling further her marriage purpose.

And they also added point in feature both side not file any civil and criminal cases

1) If they are added �Marriage not consumed� is their any effect in feature all the cases husband side legally?

2) In general cases(DVC, 498A, Divorce cases) husband file the counter marriage is consummated so if husband sign in MOU regarding �Marriage not consummated� like that is their any effect further cases?

3) Wife side family they are strictly expecting point marriage not consummated. Because of her feature marriage so how we can satisfy on both side for including the point

Please clarify awaiting for your response


Asked on 11/10/11, 9:53 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may agree with the agreement prepared by wife side and try to get the matter settled. Asking same question again and again will not help. There are no legal issues involved in your statement of facts which may require further opinion.

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Answered on 11/11/11, 2:17 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

what is use of mou instead if both parties are ready for divorce then both should withdraw allegations and cases and opt to file joint petition for mutual consent divorce by arriving at consent terms. if both parties wants to resume co habitation again then you have a choice to agree with what they say and settle the matter.

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Answered on 11/13/11, 5:14 am


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