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(Guest)

Violation of mou

I thought it would be a one day match but its turning out to be a test match :|


My query:

My wife is violating the MOU by not appearing to the second motion of MCD. She doesnt want divorce now it seems. I understand that MOU is not legally binding before the terms in the MOU are actually met but here in my case, we initially filed Judicial separation and then withdrew after we entered into an MOU. We withdraw because wife/inlaws agreed for MCD and requested so. And that's clearly mentioned in the MOU. Now if they violate MOU(whatever may be their motive, good or bad) then can I file 420? Is it not cheating to make us withdraw JS and then denying the terms in MCD/MOU. Because of this I have lost time and money(lawyer fees) etc..

Can I send a legal notice explaining the repercussions and if they still fail to adhere to MOU terms then can I file the cheating case?



Learning

 4 Replies

Sunil Patil (Engg)     28 November 2013

Am in the same boat brother, so any directions anyone can provide will be helpful

Sunil Patil (Engg)     28 November 2013

See if this ciatitions help: Order 23 Rule 3 CPC and Section 89 CPC

 

Delhi HC, Swantantra Ved Sahni vs Santosh Kumari 1988(15) DRJ6,1988 RLR469

Punjab-Haryana High Court: Hem Raj vs Suraj Bhan And Others on 8 January, 2010, RSA No.1533 of 2005 1

Delhi HC, Dalbir Singh vs State Crl MC 1852/2011

Supreme Court MohdShamimvsNahid Begum SLP2051/2004

Supreme Court SLP3769/2003 Ruchi vs Amit Agarwal

Delhi High Court Rachna Jain vsNiraj Jain II (2006) DMC 41Delhi HC, Anupam Sharma vs Anu Gautam 23/08/07, 146 (2008) DLT 497

Rajasthan HC Hari Singh vs Ram Kumar 7 jan 1993, AIR 1993 Raj 204, 1993(1) WLC 454

Delhi High Court AvneeshSood vs TithiSood on 30 April, 2012

Delhi High Court Raj Rani vsRoop Kumar on 12 March, 1990 Equivalent citations: 41 (1990) DLT 266, II (1990) DMC 142, 1990 (18) DRJ 325

Bombay High Court Smt. Jayashree Ramesh Londhevs Ramesh BhikajiLondhe on 15 February, 1984 

Bombay HC Mr.Prakash Kalandari vs Mrs.Jahnavi Kalandari on 6 May, 2011

Delhi HC, Sunita vs Bharat Bhushan 4/5/12, CM 7160/09 & 15127/11


(Guest)

Thanks Bro :)

fighting for my brother (HR)     29 November 2013

ask your query in expert forum.. you get the right answers


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