Upgrad LLM

mou and mutual consent divorce


Dear All,

My wife has put following cases with false allegations on me, my parents, my brother and my sister:

DVC, 498a, Section 406 IPC, Section 3 of DP Act 1961, Section 4 of DP Act 1961.

****There is not a single paisa of dowry taken or given in this marriage. 

After legal fight for many years, We received a call from their lawyer for a Memorandum of Understanding (MoU) for Mutual Consent Divorce. Request legal experts and friends here who can help to share MoU formats and also suggest any specific precautions I should take while drafting this MoU. My lawyer is new to this MoU approach. So please share your MoU templates/ formats to my personal Mail-ID: sridharvarma27@yahoo.com

Alternatively you can send links to any online MoU formats here. I am not sure if files can be attached here.

(My wife has taken away all jewellery given by my parents and aunts. I have only one chain and finger ring which was given during marriage to me. I informed that I will return the chain and ring given to me. But she is not willing to return the jewellery my parents gave to her. Even then I am fine with proceeding ahead with full and final alimony for permanent divorce. I cannot bear this headache anymore).

Regards,

Sridhar

 
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Lawyer at Supreme Court of India

Dear, Draft an agreement wherein u mention all the details that she will withdraw all cases after the divorcee is complete, mention things whe has taken away, if you will be paying any amount better pay qua draft and in instalments..... Mention that quashing will be done after the completion of the divorcee .... Kapil. Chandna adv, 9899011450
 
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LEGAL

Dear Sridhar Varma,

Please find enclosed herewith draft MOU for your perusal.

Please edit or modify the clauses as per your terms and conditions. Please also ensure that the clauses mentioned in the MOU are more inclined in your favour.

Regards,

SAM



Attached File : 472859801 separation agt between husband & wife.doc, 472859801 separation agreement between husband and wife.doc, 472859801 deed of settlement for marriage divorce.doc downloaded 2361 times
 
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what does your lawyer say?

 
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@ SAM: Thanks a lot Sir

@ Kapil Chandna: I am not from legal background. My lawyer has not handled much of Divorce cases (based on DVC/ 498a etc.). So even he is not strong enough. He is only person in my place so I have no alternative to him.

So I would need a template to customize my agreement. Hence this thread. 

You also mentioned..... "Mention that quashing will be done after the completion of the divorcee" .

This is interesting because I was informed by my lawyer that in MOU we will take in written that she has to take back all her DVC and criminal cases against my family and then proceed ahead with mutual consent divorce. Cheque/DD would not be handed over to her until we get final divorce. It would be with a village community head until final divorce is completed. So why quashing should be done again after completion of divorce? Are there any hidden issues which I do not understand?

@ MrDinoMoreo: You can read my reply above. It answers your question. 

Would also expect suggestions from other experts here

Regards... Sridhar

 
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Proprietor

PEOPLE WHO MIS-USE THE SACRED LAW HAVE TO FACE THE SHARP SIDE OF THE LAW.

DO NOT PLAY WITH THE LAW. IT IS A VERY SERIOUS MATTER.

___________READ FULLY _________________________________________________________________________

WITHOUT A LEGAL INJUNCTION, your wife has no right to enter your house and TAKE AWAY ITEMS, even if they are her jewellery.

Now she has actually invited lot of trouble for herself.

BY TAKING ALL JEWELLERY IT CAN BE SAID THAT SHE HAD DECIDED TO DIVORCE YOU AND SO ONCE AND FOR ALL SHE VACATED YOUR HOUSE. 

THAT MEANS, IT WAS ALL PRE-MEDITATED CRIME.

SO WHERE IS THE QUESTION OF MUTUAL CONSENT DIVORCE ? IT IS FORCED DIVORCE.

JUST ONE WORD FROM YOU THAT IT IS BEING FORCED, EITHER DURING THE COURT PROCEEDINGS OR EVEN BEFORE THAT DURING THE COUNSELLING AT THE FAMILY COURT OR EVEN DURING THE 90 DAYS PERIOD AFTER THE DIVORCE, GIVEN FOR CONTESTING, THE DIVORCE IS NOT THROUGH....SO YOU MAINTAIN THAT A DIVORCE IS BEING FORCED UPON YOU and for that you are being threatened and forced and use the word DURESS ( it means UNDER FORCE )...the words you use matter a lot.

 

IT IS CLEAR THAT SINCE SHE NEVER WAS INTERESTED IN SORTING OUT PROBLEMS WHICH ARE COMMON IN MATRIMONIAL LIFE.

SHE NEVER WANTED A PEACEFUL LIFE AFTER SORTING OUT ALL PROBLEMS... SHE WANTS EXIT AND MONEY...SHE WANTS TO TORTURE YOU TO " SATISFY HER NEGATIVE EGO ".

USE THE WORD ' WEAR AND TEAR '. IT IS A WORD COINED BY THE LAW. WEAR AND TEAR OF MARRIED LIFE IS NOT TREATED AS CRUELTY BY THE LAW. SHE IS FALSELY TWISTING WEAR AND TEAR OF MARRIED LIFE TO PROJECT IT AS CRUELTY.

_________________________________________________________________________________________________________

PRE-MEDITATED CRIME, WILFUL MISCHIEF ETC HAVE ALL GOT SECTIONS IN THE IPC.

READ THE IPC, DRAFT A COMPLAINT AND SUBMIT IT AT THE POLICE STATION.

A COMPLAINT CANNOT BE REFUSED.

WHEN SHE AND HER FAMILY ARE SUMMONED AND QUESTIONED BY THE POLICE, HALF OF THEIR EXCITEMENT WILL DIE.

________________________________________________________________________________________________________

ALSO, YOU CAN JUST WALK INTO THE POLICE STATION and file a complaint of THEFT.

the wording in the complaint is very very important.

you can say in the complaint clearly that when your wife was taking away her jewellery without a proper legal procedure of injunction from the court, she also STOLE your jewellery and that you discovered it only recently while checking your jewellery to pledge it with the pawn broker to raise money to fight the case and that you also SUSPECT HER MOTHER AND BROTHER of aiding her in the THEFT.

you can request the police to INTERROGATE THE SUSPECTS....mark a copy to the ACP. send the copy by registered post, acknowledgement due.

__________________________________________________________________________________________________________

MUTUAL CONSENT DIVORCE  AND QUASHING OF CASES AND WITHDRAWAL....

PLEASE UNDERSTAND THAT ONLY COMPOUNDABLE OFFENCE CAN BE COMPROMISED....

498A  cases - The Law and Courts are clear that you have to prove that you are innocent and till such time of getting it quashed you have to undergo the pain...cannot help it... 

SO DO NOT FALL FOR ANY TRAP OF THE OPPOSITE PARTY THAT IF YOU DO THIS AND THAT, THEN THEY WILL WITHDRAW CASES.

INSTEAD JUST FOCUS ON ANTICIPATORY BAIL AND REGULAR BAIL.

____________________________________________________________________________

STRATEGY :

STUN THEM...CALL AND TELL HER ADVOCATE AND HERSELF THAT YOU DO NOT WANT DIVORCE.

IF SHE WANTS LET HER APPLY FOR DIVORCE AND LET THE MATTER GO ON FOR ANY NUMBER OF YEARS.

TELL BOTH HER AND HER ADVOCATE THAT YOU HAVE DECIDED TO NOT AT ALL DIVORCE HER BUT YOU WANT TO LIVE WITH HER...

SO, TELL THEM, WITH SUCH BEING YOUR DECISION, MUTUAL CONSENT DIVORCE IS TOTALLY RULED OUT.

____________________________________________________________________________

REMEMBER THE TUG-OF-WAR GAME....YOU PULL AND THE OPPOSITE TEAM ALSO PULLS....KEEP PULLING LIKE THAT...

YOU PULL SAYING " COME BACK, I WANT TO LIVE WITH YOU "

SHE WILL BE SCARED AND SAY " NO "

YOU REPLY SAYING " OK, CHOICE IS YOURS "

THEN SHE WILL PULL SAYING " I WANT DIVORCE "

NOW YOU REPLY SAYING " BUT I DO NOT WANT "

THEN HER ADVOCATE AND OTHERS WILL SAY " THINK OF YOUR LIFE,...ETC ETC COURT MATTER WILL GO ON FOR LONG TIME "

SO YOU TELL " MY LIFE I WILL TAKE CARE...THANKS FOR WORRYING...I AM NOT SIGNING ANY DIVORCE PAPERS "

AS TIME PASSES BY AND ONE FULL YEAR PASSES BY, THEY WILL LOSE ALL INTEREST AND TRY TO PINCH YOU AGAIN OR COMPROMISE.

NOW, YOU PULL THE ROPE...TELL THEM...I WILL GIVE DIVORCE IF YOU ISSUE IN WRITING TO THE LOCAL POLICE INSPECTOR THAT YOU FILED FALSE CASE AGAINST ME OF 498A etc etc IN A QUICK EMOTIONAL STATE OF MIND

ALSO, MOST IMPORTANTLY, SHE HAS TO GIVE SWORN STATEMENT TO MAGISTRATE SAYING THAT SHE FILED FALSE CASE AGAINST YOU OF 498A etc etc IN A QUICK EMOTIONAL STATE OF MIND.

They will just leave it off....they wont even come to court.... visit a senior advocate in the city and hand over the case and get all the false cases quashed in court....

NOW IS THE ACTUAL GAME...AFTER QUASHING...DO NOT FORGET TO FILE CASE AGAINST HER FOR DEFAMATION TO YOU...IN THE CASE, PULL HER PARENTS AND IF SHE HAS A BROTHER, NAME HIM TOO AND SAY YOU SUSPECT THAT THEY BRAIN-WASHED HER AND INFLUENCED HER TO FILE FALSE CASE AGAINST YOU....NOW THEY WILL FIGHT AMONG THEMSELVES....that is the beginning of their collapse IF THEY ARE WRONG.

YOU MOVE ON IN LIFE, EITHER WITH A NEW MARRIAGE OR A LIVE-IN RELATIONSHIP WITH A GOOD PARTNER.

LIFE IS TOO BEAUTIFUL TO WASTE IT UPON WORTHLESS PEOPLE.

______________________________________________________________________________

PEOPLE WHO MIS-USE THE SACRED LAW HAVE TO FACE THE SHARP SIDE OF THE LAW.

DO NOT PLAY WITH THE LAW. IT IS A VERY SERIOUS MATTER.


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Advocate

There is no hard and fast rules for drafting a MOU on such circumstances.  It will contain the agreements between you both if both are agreeing to the conditions set by each other which may include her withdrawals of all he pending cases against you, the amount and mode of payment to be settled by you as decided and any other local formalities including exchanges each others items held by each other.  If you find your lawyer is not capable of handling the situation/case, you may change him mercilessly because retaining him would cost your very dearly which will make you to repent a lot after that.


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@ Kalaiselvan Sir:  I presumed that MoU is a legal agreement and would be on a legal document. But my lawyer is mentioning that it would be a normal white paper with all agreeable conditions listed and both myself and my wife have to sign. 1 representative from each side in addition as proof have to sign on this MoU.

If what my lawyer is suggesting is right, what would be the legal validity of this MoU and what if she walks back from what she has promised after taking away all gold?

Secondly, what is specific terminology to be included in MoU to safe guard all my family members in this 498a. My lawyer has included a point in MoU draft that she has to withdraw DVC, criminal cases and any claims etc. Will this be sufficient?

Regards.... Sridhar

 
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@ Natarajan Iyer: While I appreciate your detailed suggestions, my situation demands that I have to opt for MOU.

I have my Brother-in-Law and Sister looped into these criminal cases. So my sister is facing issues in her In-Laws place. Similarly my brother has been looped into these criminal cases, so he is worried that he may not be able to pursue his further education or job if he is dragged into criminal cases. My old parents who have been my strength all these days for my education n job are now emotionally stressed with all issues going around. 

I would have opted for going ahead with the legal battle if I was the only person involved in my family. But things seem to have gone a bit out of control with my family members being dragged into these cases. So I will have to opt for MoU and Mutual Consent Divorce (even though it was not my first choice for all these days)

So would really appreciate if you (and all rest here) have any suggestions for drafting MOU and Mutual Consent Divorce.

Regards.... Sridhar.

 
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Proprietor

 

SRIDHAR, EARLIER YOU HAVE MENTIONED IN YOUR REPLY TO KAPIL that your Lawyer is the ONLY ONE in your place..----

JUST ONE LAWYER !!!!! In the Entire Place !!!!! --------------

Can you please tell us where you are from ? which place in India ??

 
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