Settlement according to mediation

priyanka (Querist) 14 April 2014 This query is : Resolved
Dear Sir,

Please guide me...

In matrimonial case, both the parties has done settlement agreement to proceed with Divorce and filed joint divorce petition for 1st motion.

My questions are:-

1) What will happened, if one person want to withdraw his/her consent prior to the completion of statements of 1st motion?

2)Is MOU/settlement agreement boundable on both the parties.

3)What will happened, if after doing 1st motion, parties will not withdraw his/her connected cases i.e. criminal false cases filled by both the parties against each other, according to MOU(withdraw within one month after the completion of statements of 1st motion)?

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ajay sethi (Expert) 14 April 2014
1) any person can with draw his consent . divorce petition would be dismissed .

2) it is necessary to go through consent terms signed by parties .

3) if one of parties fails to with draw false cases filed as per terms of MOU other party can rely upon terms of MOU and move HC for quashing of complaint

Devajyoti Barman (Expert) 14 April 2014
1.The suit will fail.
2.No
3.After 2nd motion the criminal case can be quashed even if one party does not comply. However 1st motion will not do this.