Guest
(Querist) 25 April 2012
This query is : Resolved
While withdrawing cases of DV and 125 as per MOU resulting in MC Divorce what should be recorded in withdrawl statement as a precaution ? Should we include the term that in case of violation of terms case would rerun from the last stage it had reached earlier?
Deepak Nair
(Expert) 25 April 2012
Ssuch agreements are not binding on the court proceedings. So why to make such MOU?? file a petition for MCD and withdraw the criminal complaints.
Guest
(Querist) 25 April 2012
Deepakji MOu has been signed and case has to be taken back as per mou I want to know about recording of withdrawl in court.
Raj Kumar Makkad
(Expert) 25 April 2012
There is no legal harm if the statements of both the parties are made in consonance with the terms of MOU and I suggest to make MOU as part of statements so that its consequences may be remain alive for both parties.
Devajyoti Barman
(Expert) 26 April 2012
Yes MOU has no force in isolation unless its terms are incorporated in the petition of mutual divorce.
Shonee Kapoor
(Expert) 26 April 2012
Incorporate the terms of MoU in the court.
MoU/ Settlement Agreement can have binding value, if done in right manner and some consideration is there.
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