Amendment in mc.d petition

Adv.R.P.Chugh (Querist) 05 March 2012 This query is : Resolved
Ld.Seniors,
Alongwith a Mutual Consent petition that I filed - we enclosed a MOU (Memorandum of Understanding) entered between the spouses as to how the property would go. First statement has not been recorded yet. The parties want to make certain amends in that. Can we submit the new MOU - and disown the earlier just like that, or there has to be O.6 R.17 Application to that effect or an amended list of documents?
Thanks a ton !

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V R SHROFF (Expert) 05 March 2012
Yes, you may submit new consent term in second sessions and it will be allowed.

This being MCD, whatever terms and condition party agreed to, is immaterial for judge, except that of children's provision and custody.
You can also go for MOU outside the court, if of minor nature.
If you can mange, replace old MOU with a new one in Petition itself, if MO contents are not reflecting in Petition, otherwise, you have to amend as per O6R17.

for MCD consent term, Court is very lenient, as no one except the two [h-w] are concerned.

ajay sethi (Expert) 05 March 2012
it would be advisable to make an application for amedment of the petition . the MOU constitutes basis of settlment arrived at between parties. if any changes have been made in said MOU take out application for amendment of petition .

Shonee Kapoor (Expert) 05 March 2012
It is allowed to make any amendments with mutual consent in any agreement,

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com