Rohan 14 December 2015

Urgent: mou requested by laywer(no court here) betwen spouse

Dear Experts, My wife and myself went to a lawyer to discuss on MCD. Lawyer suggested to not go with MCD right now but to prepare a MOU(on 100 rs stamp) stating the terms and conditions which me and my wife want from each other and lets see for next 3-6 months( if things does not improve he will file MCd for us)

During this discussion, i got a feeling that the lawyer more listened to my wife.

the primary issue my wife states is behavior with in-laws(mom) ( i am now living with my wife separatley from last 2 yrs...( marriage happened 3 yrs before).

What i wife suddenly told me after meeting with lawyer that he suggested her MOU and if conditions not met...they can even bring concerned persons to police station...based on mou.

Now i understand MOU is important and means a lot when drafted in right way?

1. What should i write in the MOU?
2. should i go for MOU outside court?
3. How should i defend the behavioral point where things might get tricky at times in communication and that should not be referrended to MOU again and again.

Also I have following apprehension
1. the lawyer is driving my wife towards more contested and aggresive proceedings and not MCD
2. should i consult a different lawyer as well.

How can i make this MOU in the benifit of me as well, so that i wont be harrased ( though anything can happen, but just for the sake of pledge)

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7 Replies

(Guest)

no body can run marriage through written contracts. Not in india at least.

if both of you dont want to live together go for MCD suit . You will have to wait. Now MCD divorce has been made easy under law. But it may still take 1 year at least.

You cant live together during pendency of case.

As regards other family laws civil and crminal MOU or MCDdoes not matter. You have to support wife and children by way of alimony looking atincome and lifestyle of both parties.

If you commit any harassment or cruelty yuou have to suffer action for that.

I hope things are clear?

Rohan 14 December 2015

Thank you Dr. Rajendra K Gupta. - I accept the law as written and am a law abiding citizen. I am and i will respect the Court of Law.

The reason behind my fear is to make sure if unknownly i will get dragged into wrong and false allegations. i know that will do come in future, but i want to make sure i am doing the right thing from the start.

I do not want to sound like a wife harasser , which i am not , but want to protect myself and my family from unwanted harrashment, so the reason.

Thank you Again.

(Guest)

No MOU can pre-empt anyaction by you conducting any criminal offense under family laws including Domestic Violence Act.

So far as you dont commit any act , why u have to fear?

T. Kalaiselvan, Advocate (Advocate) 14 December 2015

MOU is nothing but an agreement of terms ad conditions between you both. This can be reduced to writing and get it annexed to the divorce petition filed on the grounds of MCD before court. However there is no binding effect on this because a decree cannot be drawn on the MOU, the decree of divorce will be on the petition for divorce alone.

If you suspect the lawyer to play some foul play, you may change the lawyer and also please note that the lawyer might have suggested MOU for the benefit of both of you to avoid disputes at a later stage in future.

You are the better judge of the situation, if you suspect some hidden games better take cautious steps.

(Guest)

Agreed with kalaiselvan sir

prabhakar advocate (advocate) 15 December 2015

1. If you and your wife both agree for MCD, then:

2. You should change that lawyer.

3. MOU is not mandatory. If you want you can get MOU prepared outside the court. Otherwise, whatever terms are agreed between you and your wife, you can reduce it in the petition itself bereft of MOU and file it immediately without waiting 3 or 4 months. After your filing petitition, the court itself gives both of you six months time to rethink. After six months you both turn up in the court, you get divorce.