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MOU & its Validity

Querist : Anonymous (Querist) 17 September 2010 This query is : Resolved 
My wife & myself married on 28.09.2008. She left matrimonial house on 24.01.2009 due to her quarrel nature and want only enjoyment. According to her I am able to fulfill her needs and she want to live with me separately from parents. I denied for the same. She returned my home on 19.06.2009 and again left the home on 24.06.2009 i.e. after 4 days. Afterward we have settled everything and have exchange of Jewelry & other things in the month of August 2009. At that time We have made MOU on 16.08.2009 stating all the things that both parties have received their respective belongings and now onwards both the parties do not have any claim and allegations of any kind against each other and if there is any allegations than it shall deemed to be withdrawn. She has also agreed that she don't want any maintenance or alimony. Also she will not claim any right, share or interest in my property either present or future. She has also let go her right of streedhan. And on or after 24.01.2010 we have to file petition U/s. 13(B) of HMA 1955. All these things have been mentioned in the MOU which contain Photo, Signature & Signature of two witness. This MOU was notary on 25.08.2009 at Bombay old Court. The MOU clearly states that no one from both of us can challenge this MOU and it is irrevocable. (Her return of home for 4 days is not mentioned in the MOU). Now my wife has filed petition for divorce stating demand of Dowry and mental & physical harassment u/s 13(i) on the ground of cruelty against me and my family members, demanding maintenance and alimony (Both) on 10.08.2010 which was received by me on 21.08.2010 requiring me to attend for hearing on 26.08.2010. The petition filed by her is false. I have attended District Civil court at Kalyan, Thane, Maharashtra on that date and request for time to appoint lawyer and file my reply. My queries are
1. Can she go against the MOU and challenge the same?
2. What is the strength of MOU before the Court of Law?
3. How much this MOU save me?
4. What should be my ground to reply the petition?
5. Lastly What should I do if MOU is not valid?
s.subramanian (Expert) 17 September 2010
MOU is not legally enforceable.
Rajeev kulshreshtha (Expert) 17 September 2010
yes subramanian sir is right but you can prove these facts with evidence after taking def enc in your reply.
Querist : Anonymous (Querist) 17 September 2010
But She was present at the time Notary and signed in the Notary register before Court.


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