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vipin sharma   10 April 2026

Mutual divorcr

My wife and I are going for a mutual divorce. My wife’s lawyer is saying that at the time of the first motion, we should exchange jewellery and I should give her ₹2 lakh. After that, she will take back the case. Then at the second motion, I should give the remaining ₹2 lakh.

 

But I have a doubt that after taking ₹2 lakh at the first motion, my wife might change her mind.

 

So, can I make the agreement (MOU) in such a way that I give ₹1 lakh at the first motion, then ₹1 lakh after she withdraws the case, and the remaining ₹2 lakh at the second motion? Coz wife lawyer is saying this is not possible settlement amount on case withdrawal is not possible you have to give the amount on 1st motion only..



 9 Replies

Dr. J C Vashista (Advocate )     10 April 2026

It depends upon negotiations / bargaining between both of you to settle the issue which is not a legal dispute for consideration and obligation of experts on this platform.

Consult your lawyer(s) and proceed as advised.

T. Kalaiselvan, Advocate (Advocate)     10 April 2026

It depends on the MOU in writing about this.

If at all you believe she may not co-operate you may reduce terms to writing and sail safely.

kavksatyanarayana (subregistrar/supdt.(retired))     10 April 2026

What is the opinion of your lawyer? What are the terms of the MOU?

P. Venu (Advocate)     11 April 2026

The query suggests no legal elements or issues. The finer details of settlement could be worked out in sensible manner in consultaion with the advocate. However, please note that the Court can take notice of only those aspects which are documented.

vipin sharma   11 April 2026

My lawyer is saying that normally an MOU is made where payment terms are discussed during the first and second motion only. This is something new that payment can also be made at the time of withdrawing the case.. so the opposite party’s lawyer may not agree to it.

kavksatyanarayana (subregistrar/supdt.(retired))     11 April 2026

How can you say the opposite party's lawyer may not agree? First, try.

Advocate Bhartesh goyal (advocate)     12 April 2026

File joint application for waiver off cooing period of 6 months and get order from court then pay total amount of alimony and get divorce order .

Dr. J C Vashista (Advocate )     12 April 2026

Originally posted by : vipin sharma
My lawyer is saying that normally an MOU is made where payment terms are discussed during the first and second motion only. This is something new that payment can also be made at the time of withdrawing the case.. so the opposite party’s lawyer may not agree to it.

Terms and conditions do not restrict you for first and second motion of divorce.

It must include withdrawal of all pending case(s) filed by both the parties, quashing of FIRs (if any), custody / vistation of children (if any), rights of chilren, distribution of common propertiies (if any), no case filing against each other clause on the subject, in future and what  ever other cocerning issue(s) must be  settled and specified to avoid any future conflict / litigation.

Real Soul.... (LEGAL)     13 April 2026

It is highly advisable to register a formal settlement agreement rather than relying solely on a Memorandum of Understanding (MOU) when seeking a divorce. A registered agreement, especially when vetted by  a court, becomes a legally binding document that can be enforced, whereas an MOU is often treated merely as a preliminary document of intention


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