Memorandum of understanding for settlement of matrimonial disputes and mutual divorce
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
0 of 45 blanks filled
MEMORANDUM OF UNDERSTANDING
(Settlement of Matrimonial Disputes and Mutual Divorce)
This Settlement Agreement / Memorandum of Understanding ("MoU") is executed on Date of execution, this day of Month of execution, 20, between:
First party's nameFIRST PARTY
D/o First party's father's name, R/o House No. First party's house number, First party's locality, New Delhi
AND
1. Second party's name, S/o Second party's father's name; 2. Second party member 2 name; 3. Second party member 3 name; 4. Second party member 4 name; 5. Second party member 5 name; and 6. Second party member 6 name, all residing at Second party's address line 1, Second party's address line 2, Second party's address line 3, Second party's pincode (hereinafter 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 Husband's name and Wife's name was solemnised on Date of marriage at Place of marriage in accordance with Hindu customs, rites and rituals; and the First Party and the Second Party are Hindus, and the said marriage is a Hindu marriage governed by the Hindu Marriage Act, 1955.
AND WHEREAS the parties lived together as husband and wife until approximately Date of separation, 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 Name of CAW Cell/police station where First Party's complaint is pending, which is pending and listed for Next date of hearing in First Party's CAW Cell complaint.
-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 Judge's name for First Party's complaint case, Court complex for First Party's complaint case, Delhi, wherein the next date of hearing is fixed for Next date of hearing in First Party's complaint case.
-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, Mahila Court, Court complex for First Party's complaint case, Delhi, titled as Complainant name in Domestic Violence case title vs. Respondent name in Domestic Violence case title & Ors., which is fixed for Date of hearing in Domestic Violence case.
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 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 Judge's name for Second Party's complaint case, M.M., Dist. East, Court complex of Second Party's complaint case, Delhi, wherein the next date of hearing is fixed for Date of hearing in Second Party's complaint case.
AND WHEREAS all efforts at reconciliation made by the parties, their relatives and friends have failed, and the Second Party and the First Party have accordingly arrived at an amicable and full and final settlement of all their matrimonial disputes on the following terms:
1.Mr. Husband's name and Ms. Wife's name agree that the marriage between them 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 30 days 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.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 Judge's name in Domestic Violence case, M.M., Court complex for First Party's complaint case, Delhi, titled as Complainant name in Domestic Violence case title vs. Respondent name in Domestic Violence case title & Ors., which is fixed for Date of hearing in Domestic Violence case;
(b)That the First Party shall withdraw, by way of a written application or otherwise, the complaint filed by her before Name of CAW Cell/police station where First Party's complaint is pending, which is pending and listed for Next date of hearing in First Party's CAW Cell complaint;
(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 Judge's name in First Party's complaint case, M.M., Court complex for First Party's complaint case, Delhi, which is fixed for Next date of hearing in First Party's complaint case;
All the above proceedings/litigation shall be withdrawn by the First Party within a period of 15 days, 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 examine 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 steps required to take down such defamatory content 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, to the satisfaction of the Second Party, prior to the First Motion. The First Party further undertakes not to post any content/comments/posts/stories concerning the Second Party, his relatives, or any businesses or employment related to 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 concerning the Second Party, upon being informed thereof by the Second Party through his counsel, within 7 days;
(e)To amicably file the First Motion Petition under Section 13B(1) of the Act within 15 days of signing 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 Judge's name for Second Party's complaint case, M.M., Dist. East, Court complex of Second Party's complaint case, Delhi, which is fixed for Date of hearing in Second Party's complaint case;
(g)That the Second Motion Petition shall be signed by both parties after the grant of divorce in the First Motion. For the purpose of the Second Motion, both parties agree to jointly file an application seeking waiver of the statutory waiting period of six months prescribed under the Act, in terms of the judgment in Amardeep Singh v. Harveen Kaur, Citation of Amardeep Singh v. Harveen Kaur, since the parties have been living separately for more than 18 months.
4.It is agreed between the First Party and the Second Party that the Second Party shall pay an amount of Rs. Amount of permanent alimony (in figures)/- (Amount of permanent alimony (in words)) as permanent alimony, i.e., a full and final settlement towards all claims against the Second Party and his family, and 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. Amount of permanent alimony (in figures)/- (Amount of permanent alimony (in words)) shall be paid by the Second Party to the First Party in the following manner:
-A demand draft of Amount of demand draft on First Motion shall be handed over by the Second Party to the First Party after the recording of the statements of both parties on the date of the First Motion.
-A demand draft of Amount of demand draft on Second Motion shall be handed over by the Second Party to the First 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 all her istridhan, including jewellery, clothes and all other belongings and articles, and that nothing thereof remains with the Second Party. Upon receipt of the aforesaid permanent alimony, the First Party shall refrain from asserting any further claim with regard to her istridhan or any other articles against the Second Party or his family members.
6.The First Party and the Second Party further agree that, both being well educated and in a position to earn their own livelihood, neither party shall have any monetary claim against the other in future, except for the permanent alimony referred to in Clause 4.
7.Both parties agree that they no longer have any grievance against each other, and in view thereof, they have further undertaken that they shall not level any allegations 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 pertaining to the period prior to the signing of the present agreement. Both parties further agree, undertake and assure that they have not filed, and shall not file, any claim against each other or each other's relatives, whether personally 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 future.
8.In the event the Second Party fails to provide the aforesaid sums as mentioned in Clause 4 of this agreement, the present Memorandum of Understanding shall stand cancelled. In the event the First Party fails to appear at the time of the first and/or second motion even after receipt of the first instalment, she shall be required to return 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, to dissolve the marriage with their consent and to 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 the present Memorandum of Understanding, neither party shall claim any further amount 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 in respect of any immovable or movable property of the other party, or against the family members of the other party, whether self-acquired, HUF or ancestral, under any circumstances, now or in future, in view of the present settlement.
12.That the present Memorandum of Understanding shall be effective and enforceable from the date of its execution, shall remain effective and binding, and shall form part of the decree for 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 purposes of obtaining divorce by mutual consent and giving effect to the present settlement.
14.That both parties to the present 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 punished in accordance with law. Neither the parties nor any of their representatives, executors, assigns, successors, administrators, etc., shall at any time, even in future, 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 perpetration of 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 the MoU on the ground that the same is void or unlawful. Further, the parties have confirmed and undertaken that they were given sufficient time and opportunity to consult the 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 the parties have executed the present MoU.
16.All parties to this agreement shall maintain absolute secrecy and confidentiality with respect to anything stated in the present agreement, including the allegations contained in the complaint before the Name of the CAW Cell where complaint was filed, 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, in writing or otherwise, in future.
17.That the parties are accordingly signing this MoU in the presence of the following persons, to authenticate their willingness to comply with the same as agreed above.
| First party's signature block name; First Party | Second party's signature block name; Second Party |
Witnesses:
1. First witness name
2. Second witness name