Memorandum of understanding for settlement of matrimonial disputes and mutual consent divorce
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (SETTLEMENT AGREEMENT / MoU) IS MADE ON Date of agreement, DAY OF Month of agreement, Year of agreement,
BETWEEN
Mrs. First party's name, D/o First party's father's name, R/o House No. First party's house number (hereinafter referred to as the “First Party”)
AND
1. Husband's name, S/o Sh. Husband's father's name; 2. Sh. Second party member 2's name; 3. Smt. Second party member 3's name; 4. Mrs. Second party member 4's name; 5. Mr. Second party member 5's name; and 6. Ms. Second party member 6's name, all residing at Second party's address (hereinafter collectively referred to as the “Second Party”).
The Party of the First Part and the Party of the Second Part are hereinafter collectively referred to as the “PARTIES”.
WHEREAS the marriage between Mrs. Wife's name and Mr. Husband's name was solemnised on Date of marriage at Marriage venue hotel name, Marriage venue city, in accordance with Hindu customs, rites and rituals. The First Party and the Second Party are Hindus, and the aforesaid marriage between the parties is a Hindu marriage under the Hindu Marriage Act, 1955.
AND WHEREAS the parties lived together as husband and wife until approximately Date of separation (day) Date of separation (month), Date of separation (year), whereafter marital disputes arose between them.
AND WHEREAS the First Party has filed the following cases against the Second Party and his family members, which are presently pending adjudication/investigation before the Hon’ble Court / the concerned Police Station:
-The First Party has filed a complaint against the Second Party before the CAW Cell, CAW Cell police station, CAW Cell location, which is pending and is listed for Next date of CAW Cell hearing.
-The First Party has also filed a complaint case under Section 200 Cr.P.C., along with an application under Section 156(3) Cr.P.C., against the Second Party, which is pending disposal before the Hon’ble Court of Presiding magistrate's name, M.M., Court complex where First Party's complaints are pending, and the next date of hearing therein is fixed for Next date of hearing in Section 200 complaint.
-Simultaneously, a complaint case under Section 12 of the Domestic Violence Act was also filed against the Second Party and his family members before the Metropolitan Magistrate, Court where domestic violence complaint is pending, titled Domestic violence case title (complainant) v. Domestic violence case title (respondent), which is fixed for Next date of domestic violence case hearing.
AND WHEREAS the Second Party and his family members have also filed the following case against the First Party and her family members, which is presently pending adjudication before the Hon’ble Court, the details whereof are as follows:
-The Second Party has filed a complaint case under Section 200 Cr.P.C., along with an application under Section 156(3) Cr.P.C., against the First Party, which is pending disposal before the Hon’ble Court of Shri Presiding magistrate's name, M.M., Court complex where Second Party's complaint is pending, and the next date of hearing therein is fixed for Next date of hearing in second party's complaint.
AND WHEREAS all efforts at reconciliation made on behalf of the parties, their relatives and friends have failed, and as such the Second Party and the First Party have arrived at an amicable and full and final settlement, whereby the parties have agreed to settle all their matrimonial disputes on the following terms:
1.Mr. Husband's name and Ms. Wife's name agree that their marriage has broken down irretrievably owing to irreconcilable differences, and that it shall not be possible for them to continue to live together as husband and wife.
2.The First Party and the Second Party agree that they shall amicably seek dissolution of their marriage by mutual consent under the Hindu Marriage Act, 1955 (hereinafter referred to as the “Act”) before the appropriate Family Court having jurisdiction, in terms of this Memorandum of Understanding / Settlement Agreement (hereinafter referred to as the “MoU”), within Period within which mutual divorce petition is to be filed from the date of signing this MoU. Both parties understand and agree that in the event any party refuses to proceed with the filing of the petition for divorce by mutual consent, the other / affected party shall be entitled to move the appropriate court for specific performance of this MoU.
3.That both parties agree and undertake to perform the following acts:
a.That the First Party shall withdraw, by way of a written application or otherwise, the complaint filed under Section 12 of the Domestic Violence Act against the Second Party and his family members, pending adjudication before the Hon’ble Court of Presiding magistrate's name, MM, Court complex where First Party's complaints are pending, titled Domestic violence case title (complainant) v. Domestic violence case title (respondent), which is fixed for Next date of domestic violence case hearing;
b.That the First Party shall withdraw, by way of a written application or otherwise, the complaint filed by her before the CAW Cell, CAW Cell police station, CAW Cell location, which is pending and listed for Next date of CAW Cell hearing;
c.That the First Party shall withdraw, by way of a written application or otherwise, the complaint filed by her under Section 200 Cr.P.C., along with the application under Section 156(3) Cr.P.C., against the Second Party, pending disposal before the Hon’ble Court of Presiding magistrate's name, M.M., Court complex where First Party's complaints are pending, which is fixed for Next date of hearing in Section 200 complaint.
The First Party undertakes to withdraw all the above proceedings / litigations within Period within which First Party is to withdraw her cases immediately after the grant of the decree of divorce in the First Motion proceedings by the Hon’ble Court;
d.That the First Party undertakes to thoroughly review and check all social media platforms on which she and/or her family members / friends have posted any defamatory content against the Second Party and his family members / friends, and further undertakes to remove / delete / take all necessary actions required for taking down such defamatory content, to the satisfaction of the Second Party, from the internet / website(s) and all social media platforms, including but not limited to Facebook, X (formerly known as Twitter), WhatsApp groups, Google reviews, community groups on social media platforms, Instagram, LinkedIn and Snapchat, prior to the First Motion. The First Party further undertakes not to post any content / comments / posts / stories concerning the Second Party, his relatives, and/or any business or employment associated with the Second Party or his relatives, in the future. Even after the final decree of divorce is granted by the court, should the Second Party and/or his relatives / friends come across any content / posts / comments / stories on the internet / websites / social media platforms posted by the First Party and/or her relatives / friends concerning the Second Party, the First Party undertakes to delete, or cause to be deleted, any such posts relating to the Second Party within Period within which defamatory content is to be deleted of receiving information thereof from the Second Party, through his counsel;
e.That the parties shall amicably file the First Motion petition under Section 13B(1) of the Act within Period within which First Motion petition is to be filed of the signing of this MoU, before the appropriate Family Court having jurisdiction;
f.That the Second Party and his family members also undertake to withdraw the complaint case under Section 200 Cr.P.C., along with the application under Section 156(3) Cr.P.C., filed against the First Party, pending disposal before the Hon’ble Court of Shri Presiding magistrate's name, M.M., Court complex where Second Party's complaint is pending, which is fixed for Next date of hearing in second party's complaint;
g.That the Second Motion petition shall be signed by both parties after the grant of divorce in the First Motion. For the purposes of the Second Motion, both parties agree to file a joint application for the waiver of the statutory period of Statutory waiting period sought to be waived prescribed under the Act, in accordance with the judgment in Amardeep Singh v. Harveen Kaur, Citation of Amardeep Singh judgment, since the parties have been living separately for more than Period of separation relied upon for waiver.
4.It is agreed between the First Party and the Second Party that the Second Party shall pay an amount of Rs. Total alimony amount (₹)/- (Alimony amount in words) to the First Party as permanent alimony, that is, as a full and final settlement of all claims against the Second Party and his family members. Upon receipt of the said amount, the First Party shall have no monetary claim of any nature against the Second Party or his family members in respect of any movable or immovable assets. The agreed amount of Rs. Total alimony amount (₹)/- (Alimony amount in words) shall be paid to the First Party by the Second Party in the following manner:-
-A demand draft of Rs. First instalment amount (₹)/- (First instalment amount in words) shall be handed over to the First Party by the Second Party after the recording of the statements of both parties on the date of the First Motion.
-A demand draft of Rs. Second instalment amount (₹)/- (Second instalment amount in words) shall be handed over to the First Party by the Second Party after the recording of the statements of both parties on the date of the Second Motion.
5.The First Party has agreed that she has already taken with her all her stridhan, including jewellery, clothes and all other belongings and articles, and that nothing remains with the Second Party. After receiving the aforesaid permanent alimony, the First Party shall refrain from asserting any further claim regarding her stridhan or any other article against the Second Party or his family members.
6.The First Party and the Second Party further agree that, as both of them are well educated and capable of earning their own livelihood, neither party shall have any monetary claim against the other in the future, except for the permanent alimony mentioned in Clause 4 above.
7.Both parties agree that they no longer have any grievance against each other, and accordingly they have undertaken that they shall not level any allegation against each other or against each other's parents, relatives or close friends, nor act in any manner so as to harm the reputation and image of the other, whether within the family, at the workplace or in society at large, in relation to the disputes arising prior to the signing of this Agreement. Both parties agree, undertake and assure that they have not filed, and shall not file, any claim against each other or each other's relatives, whether by themselves or through their relatives, agents, servants or assignees, other than the legal proceedings mentioned hereinabove. The parties to this Agreement hereby withdraw all allegations made against each other, their family members and relatives, and shall not make any such allegations in the future.
8.In the event that the Second Party fails to pay the aforesaid sum mentioned in Clause 4 of this Agreement, this Memorandum of Understanding shall stand cancelled. In the event that the First Party fails to appear at the time of the first and/or second motion despite receipt of the First Instalment, she shall refund the entire amount received by her within seven days.
9.In view of the aforesaid settlement, the parties agree to make a joint request before the Hon'ble Family Court to accept the present settlement and to dissolve the marriage by their mutual consent and grant them a decree of divorce. The parties shall appear on the dates fixed for hearing and shall ensure that the decree is granted expeditiously.
10.It is agreed between the parties that upon execution and implementation of this Memorandum of Understanding, neither party shall claim any further amount from the other towards past, present or future maintenance, compensation, alimony or expenditure of any nature whatsoever.
11.Both parties agree and undertake that they shall have no claim or right against each other, or against the family members of the other, in respect of any movable or immovable property, whether self-acquired, HUF or ancestral, under any circumstances, now or in the future, in view of the present settlement.
12.That this Memorandum of Understanding shall be effective and enforceable from the date of its execution, shall remain effective and binding on the parties, and shall form part of the decree of divorce by mutual consent.
13.That it is agreed between the parties that they shall strictly 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 required for the purpose of obtaining divorce by mutual consent and for giving effect to the present settlement.
14.That both parties to this Memorandum of Understanding undertake that they shall duly perform and abide by all the terms and conditions contained herein, and that in the event of breach of any of the terms and conditions envisaged hereinabove, the parties shall be liable to be proceeded against in accordance with law. Neither the parties nor any of their representatives, executors, assigns, successors or administrators shall, at any time, challenge these terms and conditions on any ground whatsoever or in any manner whatsoever, and shall at all times remain bound by them.
15.That both parties have executed this MoU of their own accord and free will, without any force, undue influence or coercion from any quarter, and both parties shall be estopped in law from assailing the validity of any clause or term of this MoU on the ground that the same is void or unlawful. The parties have further confirmed and undertaken that they were given sufficient time and opportunity to consult legal counsel of their choice, and that it is only after such consultations with the counsels of their choice, and upon full understanding of the effect of the terms and conditions of the present settlement deed, that they have executed this MoU.
16.All parties to this Agreement shall maintain absolute secrecy and confidentiality with respect to everything stated in this Agreement, including the allegations contained in the Complaint before the CAW Cell, CAW Cell location, the Complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, and the Complaint under Section 200 CrPC filed by the First Party against the Second Party. The contents and allegations of the said cases shall not be spoken about or discussed, whether in writing or otherwise, in the future.
17.That the parties are signing this MoU in the presence of the following persons, in authentication of their willingness to comply with the terms agreed above:
| First party's signature name; First Party | Second party's signature name; Second Party |
Witnesses:
1.Witness 1's name
2. Witness 2's name