Memorandum of understanding for mutual divorce settlement between husband and wife
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
0 of 39 blanks filled
MEMORANDUM OF UNDERGETING
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter referred to as the “MOU”) is executed on this Date of execution of MOU (day) day of Month and year of execution of MOU, by and between:
Sh. First party's (husband's) name, S/o Sh. First party's father's nameFIRST PARTY
R/o Flat No. First party's flat number and address, Haryana (hereinafter referred to as the “First Party”);
AND
Smt. Second party's (wife's) name @ Second party's alias or maiden name, W/o Second party's husband's name & D/o Second party's father's nameSECOND PARTY
R/o Flat No. Second party's flat number and address, Haryana (hereinafter referred to as the “Second Party”).
The parties to the First and Second Party shall hereinafter be referred to collectively as the “Parties” and individually as a “Party”.
RECITALS
Whereas the marriage between the Parties was solemnised as per Hindu rites and customs on Date of marriage at Place of marriage in Delhi, Delhi; and out of the said wedlock, one female child, namely Minor daughter's name, was born on Minor daughter's date of birth;
And whereas the Parties were unable to live together on account of temperamental differences and other differences; the family members and friends of the Parties also attempted to resolve the issues between them, but all such efforts proved futile; consequently, the Parties have been living separately since Date of separation and have not been able to live together since then;
And whereas the marriage between the Parties has broken down completely and irretrievably, and there is absolutely no chance of reconciliation between the Parties, as all efforts at conciliation made from time to time have failed, and there now remains no possibility or probability of the Parties living together as husband and wife;
And whereas the Parties have mutually agreed that their marriage shall be dissolved by mutual consent by a decree of divorce by a court of competent jurisdiction;
NOW, THEREFORE, THIS MOU WITNESSETH AS UNDER:
1.The First Party and the Second Party shall institute appropriate proceedings seeking the dissolution of their marriage by a decree of divorce by way of a Mutual Consent Petition under Section 13-B (i) & (ii) of the Hindu Marriage Act.
2.Both Parties have agreed that upon signing the present settlement agreement, the First Party and the Second Party shall, within 15 (fifteen) days, jointly pray for a decree of divorce and for the withdrawal/quashing of the aforesaid complaint before the Ld. Principal District Judge, Family Court, Family Court city, or before the jurisdictional Hon’ble High Court, respectively.
3.Both Parties undertake to file the Mutual Divorce Petition before the Family Court of competent jurisdiction within 15 (fifteen) days of signing the present settlement agreement. The Second Motion under Section 13-B (ii) of the Hindu Marriage Act shall be filed within a period of 15 (fifteen) days after the expiry of the mandatory period of six (6) months from the date of filing of the petition of the First Motion before the appropriate court, where the recording of the statement in the First Motion has taken place. Both Parties undertake to remain present before the appropriate Court for the filing of the petition and for the recording of their statements in the mutual consent divorce petition.
4.That at the time of recording of the statements of both Parties in the First Motion of divorce, the Parties have agreed that the two (2) joint bank accounts which are jointly maintained by the Parties with Bank name for joint accounts, bearing Account No. Joint current account number (Current Account) and Account No. Joint savings account number (Savings Account), and having an aggregate sum therein, shall be divided, with Rs. Amount payable to second party (₹)/- being paid to the Second Party and the remainder being retained by the First Party, after making the requisite adjustments from the bank. In the event the aggregate amount exceeds Rs. 27,00,000/- (Rupees Twenty-Seven Lakhs only), the additional amount shall be transferred to the Second Party.
5.That at the time of recording of the statements of both Parties in the Second Motion, both Parties further agree that the First Party, i.e., Sh. First party's name, shall gift his 50% (fifty per cent) share in the joint property bearing No. Joint property number to the Second Party, i.e., Smt. Second party's name @ Second party's alias or maiden name, Second party's address, at the time of signing and filing of the First Motion, whereafter the Second Party, i.e., Second party's name @ Second party's alias or maiden name, Second party's address, shall be the exclusive owner of the aforesaid property. It is further agreed that the First Party shall hand over vacant and physical possession of the aforesaid property to the Second Party at the time of execution of the gift deed, and that the First Party shall thereafter have no claim whatsoever in respect of the property bearing No. Joint property number. It is further agreed by and between both Parties that all household articles shall be divided between them mutually.
6.That the entire contents of the SBI locker situated at SBI locker location road Road, standing in the joint names of both Parties, shall be handed over to the Second Party in full, and the First Party shall have no rights therein, and all jewellery articles shall be handed over to the Second Party.
7.That at the time of recording of the statements of both Parties in the Second Motion, both Parties further agree that the First Party shall pay, at actuals, the school fees of the minor child, Minor daughter's name (as per the fee requisition raised by the school in hard copy or through the school software/app), until she completes Class XII. It is agreed between the Parties that the maximum limit of the school fee payable by the First Party shall not exceed Rs. Maximum monthly school fee payable (₹) per month at any point in time, and the First Party shall not be liable to pay school fees beyond the said limit of Rs. Maximum monthly school fee payable (₹)/- per month. It is further agreed that the expenses of the child’s college education shall be borne by the First Party.
8.That the daughter, Minor daughter's name, shall have full rights over any property, assets, bank balance or jewellery acquired by either Party, upon the death of such Party.
9.That at the time of the marriage of the child, Minor daughter's name, the First Party and the Second Party shall bear the expenditure in equal shares, subject to mutual consent.
10.That at the time of recording of the statements of both Parties in the Second Motion, both Parties further agree that the First Party holds one LIC policy in his own name, which shall mature in 2028. Both Parties agree that the policy proceeds, upon maturity of the policy, shall be transferred from the First Party’s individual savings account to the individual savings account of Second party's name. The yearly premium of the said policy is Rs. Yearly LIC policy premium (₹)/-. The First Party shall continue to pay the policy premium as before.
11.That at the time of recording of the statements of both Parties in the Second Motion, both Parties further agree that the First Party shall procure a child policy in the name of the minor child, Minor daughter's name, worth Rs. Child policy amount (₹)/-, with the Second Party as nominee.
12.It is further agreed between the Parties that the First Party shall hand over possession of the Car make and description to the Second Party, the Second Party being the owner of the said car. The car shall be handed over after due servicing and without any damage, and all documents pertaining thereto shall be complete and in order.
13.That upon signing and recording their respective statements in the First and Second Motions and, consequently, upon the grant of the decree of divorce, both Parties agree that the Second Party shall have the exclusive custody and guardianship of the minor child, Minor daughter's name. The First Party shall have visitation rights in respect of the minor child, Minor daughter's name, and Minor daughter's name shall remain in the custody of the Second Party. However, the First Party shall have full meeting rights, which shall include visitation once a month, subject to prior written notice to the Second Party. In the event of the First Party’s failure to pay the school fees, college fees or policy premium, the Second Party shall be entitled to cancel the visitation rights of the First Party.
14.That upon performance of the events set out above, and as a full and final settlement towards all past, present and future claims, including the maintenance of the Second Party and the minor daughter, stridhan (if any), alimony and other expenses, the First Party shall have no claim whatsoever in future with regard to the movable and/or immovable property of the Second Party and/or her family members arising out of this matrimonial alliance.
15.The Second Party shall not raise any claim whatsoever with respect to her past, present or future maintenance, alimony, jewellery or the like, subject to the execution of the First and Second Motion of the Petition for Divorce by Mutual Consent under Section 13-B (i) and (ii) of the Hindu Marriage Act by the First Party.
16.It is agreed and understood between the Parties that neither Party shall have any claim to the property of the other Party, whether self-acquired, ancestral or HUF, if any. All the jewellery, stridhan, if any, and wari are in the sole and exclusive possession of the Second Party.
17.Upon signing this MOU, the complaint filed by the Second Party against the First Party and his family members before the Crime Against Women Cell, Crime Against Women cell city, shall be withdrawn by the Second Party forthwith, and the Second Party shall take all necessary steps to ensure such withdrawal of the complaint, discharge from all charges and/or signing and appearing in the quashing petition, as the case may be.
18.Both Parties shall file an affidavit before the Crime Against Women Cell, Crime Against Women cell city, praying for closure of the criminal complaint on the ground of the compromise entered into between the Parties.
19.It is important to mention here that the Second Party has filed the following cases:-
(i)Complaint case under Section 12 of the Domestic Violence Act, which is pending and is fixed for 02.09.2021.
(ii)Complaint case under Section 156(3) of the Cr.P.C. pending before Shri Name of Magistrate before whom 156(3) complaint is pending.
(iii). Complaint pending before the Crime Against Women Cell, Crime Against Women cell city.
(iv). Suit for permanent and mandatory injunction pending before the Learned Senior Civil Judge, City of Senior Civil Judge court for injunction suit, and the next date of hearing is Next date of hearing in injunction suit.
(v)Petition under Section 125 of the Cr.P.C. pending before the Judge, Family Court, Family Court city for maintenance petition, and it is now fixed for Next date of hearing in maintenance petition.
20.It is agreed between the Parties that the Second Party shall withdraw the complaint case under Section 156(3) of the Cr.P.C. pending before Shri Name of Magistrate before whom 156(3) complaint is pending within 7 days from the date of handing over the keys of the car bearing registration number Car registration number to the Second Party, and it is further agreed between the Parties that the Second Party shall withdraw the suit for permanent and mandatory injunction pending before the Learned Senior Civil Judge, City of Senior Civil Judge court for injunction suit, within 7 days from the date of execution of the gift deed relating to the share of the First Party in the property address mentioned above, in favour of the Second Party.
21.It is agreed between the Parties that the Second Party shall withdraw all other pending cases after the passing of the order in the second motion of divorce, and during the period of six months, the Second Party shall submit before all authorities, including the police and the Hon'ble Courts, that no coercive action be taken against the First Party, since this MOU has been executed between the Parties and the statement in the first motion of divorce has been recorded.
22.That it has also been agreed between the Parties that they shall adhere to the terms and conditions of this MOU, shall do all acts necessary for its expeditious compliance, shall cooperate with each other, and shall sign all relevant documents as may be required.
23.The First Party and the Second Party have agreed that they shall continue to be bound by the terms of the settlement and their respective undertakings contained in this MOU.
24.The contents of this MOU have been read over to the Parties, the terms of this MOU have been explained to them, and they have understood the same to be true and correct and shall be governed by the same.
25.This MOU constitutes the full and final settlement of all the claims, demands and grievances of the Parties against each other, and neither Party shall, after the due execution of this MOU, raise any claims, demands or grievances of any nature whatsoever against the other.
26.The Parties have executed this MOU without any force, undue influence or coercion from any quarter.
27.This MOU is being executed in counterparts, with one copy each to the First Party and the Second Party, and both shall be deemed to be originals.
IN WITNESS WHEREOF the Parties have signed this MOU on the day, month and year first above written, in the presence of the following witnesses:-
First party's signatureSecond party's signature
First PartySecond Party
Witnesses:-
1.
2.
Schedule A (what the First Party gets)
1.Household goods to be divided between the First Party and the Second Party with the mutual consent of both Parties.
2.Amounts in the bank account to be settled as per clause 4 above.
Schedule B (what the Second Party gets)
1.Jewellery in the SBI Bank Locker (the locker is jointly maintained by both the First Party and the Second Party), and all the jewellery given at the time of marriage by either family, to be handed over to the Second Party.
2.The rights in the house bearing number House number to be relinquished by the First Party and handed over to the Second Party.
3.Household goods to be distributed between the First Party and the Second Party with mutual consent.
4.Honda Amaze car bearing registration number Car registration number, which is currently registered in the name of the Second Party, shall be solely handed over to the Second Party after due servicing of the vehicle at a Honda authorised workshop. Thereafter, the Second Party shall be solely responsible for the maintenance and insurance of the car, and the First Party shall have no claim on the said car.
5.Amounts in the bank account to be settled as per clause 4 above.
6.Policy documents as per clauses 10 and 11.