It will depend on the trust level between the parties. There have been many cases on both sides. Sometimes, the relations improve after such reunion, but sometimes, they come back to the same old situation. You (and your parents) are the best judge to decide whether to agree for a compromise and whether to return to your matrimonial home.
Generally speaking, the MOU that you may be signing would be legally binding. But, it should be practical and implementable. For example, if one of the conditions in the MOU is that you have to withdraw the case under Section 498-A IPC and you actually withdraw the case from the court (by getting the case quashed from the High Court, since it is not compoundable otherwise), then it may not be possible for you to subsequently get the same case restored if your husband violates the MOU. Of course, even in such situation, if there is a fresh offence under Section 498-A IPC, you may file such fresh case.
On the other hand, suppose one condition under the MOU is payment of some financial compensation to you, then such condition may be enforced under law.
So, it all depends on the individual terms of MOU and also on the mutual trust between the parties.
As far as the question of validity of MOU for restitution of conjugal rights is concerned, even without such MOU, you can join your matrimonial home if the marriage continues to be valid and if it has not been dissolved under law.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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