Enforcebilitty of mou in mutual consent divorce

Originally posted by :Seshagiri

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1 Can the girl request for an order from the court directing the boy and his family to return the belongings as agreed in the MOU ? The father of the boy and maternal uncle signed as witnesses.
Take: Your side have to file for Execution of Decree annexing Judgment as well as MoU certified Copy of the concerned Court that announced Decree in divorce proceding.


2 Can the time limit for delivery be fixed? The boy does not reside in India.
Take: Yes Execution Court may fix time line for return of articles and may also not go into payment part as it is not part of Judgment nor MoU.


3 The boy is asking for money to courier the belongings, and it comes to Rs.38000 (540 euros).This is not agreed in the MOU.
Take: A fault from your side too, reason being it was your article and your side should have asked before MoU signage the physical status / location of articles. Having not then questioned and MoU by way of exchanged list entered as it is now the practicality of transfer of said articles have come into picture requesting your side to bear the cost to transferring it by their side.


4 What is the process for requesting the court for such an order ?
Take: See 1 and 2 reply.


5 Is it time consuming and costly?
Take: No. in one – two dates the Execution Court hearing outcome could be announced as Execution Court need not have to go into the material evidences / case file to come with Execution Order.


6 Can the girl parallely file criminal petition under Sec 406? Any other legal remedies available?
Take: There are two ways to look in totality of the emerging situation; ONE when the MCD has been done with and unless and until the part of the promise is not HUGE, better settle the matter out of court. Reason being roughly the same asked amount of Courier will now probably may get spent on conveyance, lawyers fees and on anxieties and further Execution of Execution Court's order into a foreign land via External Affairs Minst. TWO - Contempt of Court Order (civil) by way of Application is the way out instead of opting for S. 406 (criminal) as some articles return was promised / mutually agreed upon so it becomes duty of other party to return it by spending out of their own pocket the courier amount otherwise also they had the special knowledge of its physical location they should have entered the same (courier charges etc.) in the MoU so that this situation would have been avoided!


If your side does some cost benefit analysis then my recommendation is to opt for out of court settlement as divorce is done with and start of new chapter of their life should be availed by respective ex spouses. Even otherwise after out of court settlement if your side is still not satisfied with articles delivery then also above Execution and Contempt of Court are open option being within time!

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