Raja_498a Victim (Manager) 11 September 2014

Mou - precautions

Hi All,

My wife came to compromise for "X" amount to withdraw 498a, DVC cases.

In the family court, she told that she is not interested to live together and looking settlement.

Judge asked go for settlement (Out of court) and close all cases.

I am in AP and 498a is compoundable. However Trial just started and wife statement has been recorded.

Since trial started any compromise takes 90 day period to close the case.

Divorce was filed in 2012 and at evidence stage can be converted MCD.

My Questions are

1) How much time does it take to get divorce if we go for MCD. is 6 months period mandatory or will get as soon as, as divorce has been running for 2 yrs.

2) If MOU says, compromise on all cases and file compromise petition on 498a, shall I go for DVC and divorce

or 498a followed by DVC and finally divorce.

Lawyer is telling MOU says all details clearly, can go any order.

Meaning, first 498a compromised in same lower court and will be dismissed after 90 days as compoundable in AP.

DVC and divorce next month.

I personally prefer, DVC followed by 498a and finally Divorce.

Also what precausions need to take for MOU. Does notary and also witness is required?

I am looking inputs from you guys.

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6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 11 September 2014

Cosult a good reputed in family cases lawyer. He prepares a draft of MOU. All the cases will put together in MOU. Get it done M.C.D.

Srinivas (.) 12 September 2014

Mention below points in MOU...

First party: wife and second party : husband...

1)That the second party will pay a sum of Rs. xxxxx/- to the first party in full and final towards one time settlement of all her past, future and present claims of maintenance and permanent alimony ,Maintaince u/s 24 & 25 HMA and under Sec. 125 CrPC, jewellery, istridhan / stridhan, articles etc..

2) The First Party states that by accepting the Joint account and getting them encashed by joint account holders shall pay an amount of Rs.00000/- to the First party by way of Demand Draft at the time of Final Divorce Decree Day and after withdrawing all the Civil and Criminal case including the case in Cr,No. xxxx of Women P.S ., and acceptance of not filing any cases, claims in future. The First party understands terms and conditions of this agreement are getting fulfilled by the second party and both parties agreeing expressly forego the right of future Maintaince /alimony in the capacity of wife of the second party against the second party and will not claims any amount or right each other in between the parties in future even under change any circumstances in any Court Law. That the first party shall not raise any claim or right over the movable or immovable properties of Second party or his parents ,successors in future. The First party shall not file any other criminal or civil cases or complaints against the Second party or his relatives or his parents within the jurisdiction of India or abroad. ) Both Parties state that there are no other exchanges pending between them and either of them shall not make any claims whatsoever in future in any court of law.

3) It is further agreed that any deviation found from the above terms and conditions, Party responsible for deviation will be liable to face court proceedings. Both parties mutually agreed and there is no misrepresentation, coercion, threat, force, pressure, undue influence or fraud having been played by any of the parties. That both the parties shall co-operate with each other and shall come whereever and whenever for the required court proceedings.

(First party) (Second party) (Witnesses)

Raja_498a Victim (Manager) 12 September 2014

Hi All,

Thanks for the inputs. All these taken care.

It has been printed on 100 Rs/- bond paper.

Both myself and wife signed.

There are 2 more questions..

1) Does it need to be notarized?

2) Does it need to have witness signatures?

Srinivas (.) 12 September 2014

Print on two Rs.100 bond papers and it should be notarized and u and ur wife and 2 withness signature required........ one keep with you and other one submit in court ......