I am a Hindu married lady having a ten months old baby girl living separately from my husband for the past few months because of domestic violence. Can I avoid divorce by making an agreement. What conditions can I put forward in the agreement ?
As to this query, the whole aspect will depend of how much mutual understanding both the partners shall have, if there is Domestic Violence there must be a reason of failure of Conjugal union between the spouses. The Object of Marriage is cohabitation between two spouses. If the Other Party Agrees to remain Married to you without any martial Obligation it is perfectly fine, however any breach of Existing contract of Marriage will attract penal provisions of Bigamy. It is however Advisable that you can file Domestic Violence Proceedings and enter into a settlement by filing consent terms before the Court.