• Abusive in laws want me to legally disown my parents

My abusive husband and in laws wants me to sign in a stamp paper which says that me and my parents should never meet, never talk in person or over phone, they want me to legally disown my part of the family. My husband is threatening to divorce me if I'm not willing to sign this off. I've been married for 2 yrs and I don't have a child yet. I want a divorce too but I have no fault on my side and I don't wanna go without a fight. I love my parents and I cannot take this abuse anymore. What types of legal problems may occur if I sign in such an agreement?!
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

But why would you sign such an agreement? Don't sign and meet me at my office as soon as possible for exhaustive consultation. You need legal assistance. [deleted]. ([deleted])

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1) If you breach such types of contract your husband may divorce you.

 

2) If he is putting conditions to you sign the contract, you also put same conditions to your husband  i.e. He should not talk to his parents nor meet etc. Ask your husband to sign same contract like your conditions as well.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. see such agreement has no value in the eyes of law, you can file a complaint before police station against husband and in-laws for violence and mental cruelty.

Further file a divorce alleging cruelty and also seek maintenance from the husband.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Need not sign aa it is invalid.

If you are interested to talk my number is available in google. 

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

refuse to sign on stamp paper that you will never meet your parents 

 

2) file for divorce on grounds of mental cruelty 

 

3) you can also file DV case seek protection order, maintenance, compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

This kind of a document has no legal value.you may sign it but it cannot be the basis of any transaction.

File a divorce petition on grounds of cruelty and abuse. File a domestic violence case against him.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Don't bow down before your husband and in-laws   Just move a application before jurisdiction police station or women police and lodge Domestic violence complaint. Such types of agreements on stamp paper is invalid. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

That agreement is of no use. But you don't have to sign such documents. You can file a divorce on ground of cruelty against husband

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hello,

You should not sign the agreement 

You should approach the police and file a case of threat and criminal intimidation 

Thereupon you can file a case of divorce on the ground of cruelty 

If you want divorce then there is no point in signing any agreement, though the validity of said agreement will be zero 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Neither do you need to take divorce nor you need to sign divorce papers, the highest court has ruled that you do not need to disown or leave your parents, it is your personal choice that after marriage willingly you can stay with your parents and instead ask your husband to come and stay with you there at your parental home, which actually you are doing, Reverse it.

 

"The Supreme Court on Monday allowed the wife's plea that she be allowed to stay with her parents even though she had married her husband out of her own free will."

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1. Even if you sign the stamp paper which incorporates all this it will have no force of law and thus will not be binding on you, but it is still not advisable to sign it.

2. There is nothing such as 'disownment'.

3. You are free to file a petition for dissolution of marriage on the ground of cruelty. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Client,

Such stamp has no relevance and illegal but don`t sign on blank. Get this stamp executed and than file criminal complain of domestic violence, dowry demand and physical and mental abuse/cruelty. This stamp will be advantageous to you. And also claim maintenance and amount incurred in marriage and divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Please do not sign such an agreement, though it will not have any legal effect. But, it may be used to threaten you in case of breach. If your marriage is irretrievably broken, it is better to initiate divorce proceedings.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

You dont have to sign any paper containing such illegal agreements.

You can refuse to sign and can ask him to go ahead which can be confronted legally either in court of law of police station.

If you do not want to continue the torturous life anymore then you may file a contested divorce on the grounds of cruelty.

Such agreements are not enforceable in law however he will use it as a weapon to continuously torture you and his desires will not end by this itself, he will keep abusing you based on such papers held in his possession.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Madam,

It is unfair that husband and in laws cannot force her that her parents should never meet. never talk in person or over phone. Don't sign that agreement, nothing will happen. If you desire file a Domestic Violence case against your husband and in laws in family court.

According to Supreme court judgment:

Husband Can’t Complain Of Wife’s Visits To Parents’ Home: Delhi HC [Read Judgment]

A wife is certainly entitled to visit her parents’ home and such a visit per se cannot be the reason for a husband to complain, the bench said. The Delhi High Court has refused to grant divorce to a man who complained of his wife’s frequent visits to her parental home. A wife is certainly entitled to visit her parents’ home and such a visit per se, cannot be the reason for a husband to complain, the bench of Justice Hima Kohli and Justice Deepa Sharma said

The husband had approached the high court in appeal against family court order refusing his divorce plea. Of many grounds he urged in his attempt to prove cruelty, one was that ‘the frequent visits of his wife to her parental home without intimating him and his family members has caused him mental pain and anguish’. Another contention was that due to a tense and vitiated atmosphere created by the wife, his father had suffered a heart attack within three months of his marriage and an angiography had to be done on him. “These conditions take a long time before they manifest,” the bench said rejecting the said ground as well.

Delhi HC Asks RBI He also alleged that his wife never respected his family members and she extended threats to them, used filthy and abusive language and had threatened him of dire consequences and that she is lady of quarrelsome nature who neglected their child and did not allow the appellant to play with him and failed to perform her domestic duties like cooking food, cleaning of house, washing clothes etc. “The very nature of pleas noted above are devoid of any specific act of cruelty,” the bench said brushing aside the allegations. Read the Judgment Here 


Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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