MOU

Is it a valid document in the eyes of law ?

- no. go for mutual consent divorce.

@Arupji,

Is it totally waste of time and energy, what if he or she backtraks inbetween ?

After signing this MOU can any one file cases on one another

efforts are on for MCD but wife do not want to mention the amount of money she has taken thats why this MOU has been executed.

If one of them changes their minds between  the 2 motions what is remedy the other has ?

No body can please the other for 6 Months or so if so many people are there and advising the both sides.

what if wife claims this undated cheqe was signed by her under force.

such document has hardly any legal value, except saving in criminal cases to an extent.

Every one is free and liberated enough as per our Constitution to express her/his views/feelings but is it their right to swalow other citizens rights under their wishes.

If we forget about money which already has been given.

there are still two aspects wide open if this MOU ( Stamp paper is purchased for MOU but it can be written as agreement if permissible legally) is a treated as a contract between two individuals

1. wife has every liberty to file cases for Mainteance and alimony in case of contested divorce ( Pls consider they has no kids envolve from their wedlock)

2. Husband has every right to recover the money he has given as alimony/loan to the kins of the wife.

in this case both the families will be envolved without their fault

The case is as simple as both the people are not listening anyone but families are closely knitted even both the families would through them out of the sight if need arrises or if their riveraly starts to affects remaining innocent members of the either family ( I am more or less 80% clueless about the side of the girls family, unable to read their minds may be they are helpless or extra smart)

Issue is to make such an instrument which is legal and valid in every aspect as per law of the lad and binding upon both of them to avoid further litigation.

* Infact issue is wife has every knowledge of her rights but do not have any clue of her obligations towards her parents, siblings, husband and family, society and the NATION and husband is afraid because he has every knowledge of his obligations towards his kids, wife , parents ,society and THE NATION.

both are right but we do not want to creat such a senario where innocent members of the both the families get trapped in such a way they develope bitter taste for each other for rest of their lives, because it will be bad for bothe the families.

Learned members

Pls suggest a way out so that we can bind both of them to part their ways in a decent manner without spoiling the senario and avoide the future litigation.

Thanx

Sandeep

"They are living in the same flat but as separated spouse since last 1 ½ Years"

Looks like a work around (a ploy) to save on time of separation in MCD for 1st motion.

Law wants you to feel the real heat and pinches when you both face the world being separated for a year! otherwise either party may repent later of hasty decision!!

It may not stand in MCD petition ...you need to show... physical separation of at least 1 year or more ......... probably otherwise..... its a classic case of collusion!!

Exactly to avoide this seperation clause (Under the same roof) MCD is not yet filed in fact they would wait untill 1 year from the date of the MOU and residential seperation and only after that MCD is planned to be filed. Thats why this MOU/Agreement is needs to be executed (if Possible and legally valid)

Thanx