Legal Question in Family Law in India
Dear Sir,
I got married on 7th march 2011, both of us is second marriage, but there were some disputes after marriage, which we both were trying to resolve out,my husband has bad experience from his first marriage and section 304B is going on him, i know he is genuine and his family is also genuine but due to past history attached he is very scared in this marriage and he started gathering proofs against me also to be safer side.
Well daily one or other disputes was normal and under limits but suddenly on 19th december 2011 my husband has left the house with his belongings we both were staying in rented house this time and he has switched off his phone , he has also filed false complaint in nearest police station when police refused to accept his complaint against me then he went to human right commision, this is still pending, well its been one month now , we met in between 3 -4 times
his parents debarreded me and him from his property so I cant go in my matrimonial house as well.
Now its been one month I didnt file any complaint againstmy husband and his family because I want to save this marriage and I dont have any intensions to file any complaint neither today nor in future againt my husband and his family.
My husband is not trusting me and not coming back to stay with me as he is scared if I will file any complaint againt him, I have signed an agreement also still he is not beleiving me.
Please suggest what can i do to bring back his trust, whatever complaints has been filed is by him and I havent file any complaintg against him, he has also not file Divorce as he dont want Divorce as well.
Is there any option in RCR where I cant put condition that In future I will not file any 498A etc against my husband and I want to save this marriage hence please make the settlement.
Is there any option where my husband will feel legally secure that I am not going to file any complaint against him in future.
Is there any validity of Post Nuptial Agreement?
Please suggest
Thanks
Nilanjana
4 Answers from Attorneys
RCR is NOT advisable.
There is no such thing as Post Nupital Agreement.
Your continuous good behaviour and efforts to save your marriage may yield positive results. Just stay cool, wait and continue your sincere efforts.
Good luck.!
Express your love to him through letters , conduct and behaviour . I am sure he will believe you eventually and i dont see any reason for you not to file a petition u/s 9 of H M act for restitution .
he may be reluctant to come back due to his past experience of 304B. in case you genuinely want him, you need to help him overcome this fear.
no validity of post nuptial agreement
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