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Not Important (Manager)     06 July 2014

Query on validty of mou

Hi,

What is the validty of MoU signed 6 months before filing of MCD petition?

Can either party go back on the terms of MoU?

is such an MoU legally binding?



Learning

 1 Replies

Tajobsindia (Senior Partner )     07 July 2014

1. MoU is valid understanding between two spouses once it is part of First Motion speaking Order in a MCD proceedings.

2. Reference MoU is not part of any MCD proceeding as it was some understanding between two spouses and probably Notarized and may be written on Stamp paper.

3. Either party can resend from reference MOU and is not binding on either spouses.

Remedy here is to tweak further the (mis)understanding(s) between spouses and then present them in form of joint MoU to concerned Court to make such joint document as part of a MCD proceeding.  

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