MOU – Validity of Memorandum of Understanding for Restitution of Conjugal Rights

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 year ago.

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  • #4273

    Validity of Memorandum of Restitution of Conjugal Rights

    Hi, I am a Hindu woman, married in 2014 and left matrimonial house in 2015 during advanced stage of pregnancy due to tremendous mental torture by my inlaws and few events of physical violence by my husband.. I have a daughter of 2years now.. My husband filed a divorce petition after which i got it transferred through High Court as we live in different cities.. After that my husband did not carry forward the divorce case and probably withdrew the case.. Now, since January 2018 he is visiting my father’s house where i stay with my baby.. He and his mother are requesting me to go back and start a fresh happy family with him.. But i doubt their intentions.. As in the divorce petition he has made huge false allegations against me.. A maintenance case and a 498A case is active against him.. now i am confused whether he is genuinely trying to get us back or is pretending.. If suppose i agree to go back to him, is a memorandum of understanding for restitution of conjugal rights valid? Matrimonial agreements are enforceable? What to do?

  • #4279

    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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