Memorandum of Understanding format for Divorce
Memorandum of Understanding format for Divorce
हमें एक बात का सबसे ज्यादा ध्यान देना है , कभी पैसो के लेन देन के साथ डाइवोर्स नहीं लेना है। ऐसा करने से आप कम से कम १० परिवार ख़राब कर रहे हो , एक लड़की पक्ष के लोग जिनके मन में धारणा बन गई है। घर नहीं बसेगा तो मोटी रकम तो लूट लेंगे और दूसरे लड़के पक्ष के लोग जो ब्रह्म और दबाब में रहते है ,पैसे तो देने पड़ते है।
इस मुक़दमे में और ऐसे हज़ारो लाखो मिसाल है जहां #ZeroAlimony #ZeroMaintenence पर मुक़दमे ख़त्म हुए है। सिर्फ हमें आत्मविश्वास और धैर्य की आवशयकता होती है।
MEMORANDUM OF UNDERSTANDING
BETWEEN
Ms. Xxxx Xxxx w/o Xxxx Xxxx D/o x.Cxxx. Xxxx House no. xxxxxxxxxxxxxx,
Delhi-xxxx having
Aadhar Card No. xxxxxxxxxxx herein
after called the FIRST PARTY
And
Mr. Xxxx Xxxx S/o Late Xxxx Xxxx R/o House No. xxxxx Delhi – xxxx, also
at xxxxx- xxxx having Aadhar
No- xxxxx herein after called the SECOND PARTY
1.
Whereas the marriage between the
FIRST PARTY and the SECOND PARTY was solemnized according to Hindu rites
and ceremonies on xx/xx/xxxx at Delhi. After the marriage,
the parties lived together as husband
and wife at xxxxxxxxxxxxxxx, Delhi - xxxx. There
is no child born out of the wedlock between the parties.
2.
And whereas, after sometime of the marriage, disputes arose between
the parties and the parties
couldn't enjoy their married life happily and now the parties are living separately since
March xxx. The marriage between the
parties has broken down completely, irretrievably and there is no possibility
of any reconciliation.
3.
And whereas, efforts and attempts
were made by the friends and relatives
for reconciliation and for the resumption of marital relationship, but it could not be successful
due to the temperamental differences between the parties. The continuous differences
between the parties have rendered
normal married life impractical and impossible. The marriage has broken down completely.
4.
And whereas, the FIRST PARTY had amicably
settled all her dispute, differences,
claim relating to stridhan, maintenance, alimony or any other monetary benefit with SECOND PARTY.
5. And Whereas, the parties with the intervention of their parents, relatives and well-wishers, have now mutually agreed that this marriage between FIRST PARTY and SECOND PARTY should be dissolved by decree of Divorce by mutual consent and have agreed to part their ways forever by seeking divorce by mutual consent from competent courts of law having Jurisdiction at Delhi on the following terms and conditions of the present “MOU” as mentioned in paras below:-
A.
It is agreed between the parties,
that they would file a mutual divorce petition
before the Family Court within two weeks of signing of the present
MOU and shall appear before the court to make their statements before the Family
Court.
B.
That the SECOND PARTY undertakes
that his mother i.e. Mrs. Xxxx Xxxx
will withdraw the cases, filed under section 12 of Protection of Women from Domestic Violence Act-2005
pending in the court of MS.
xxxx xxxx, xxx- Ld. MM/Mahila Court, xxx xxx, xxx Court Complex, New Delhi xxxx, And Case filed Under 156 (3) Cr.P.C. pending
in the court of Mr. xxxx xxx xx- Ld. MM, xx District, xxx Court Complex,
New Delhi 110085 and
Complaint under Senior Citizen
Act filed before District Magistrate, Alipur, on or before presentation of 2nd motion
petition.
C.
That the SECOND PARTY will also
withdraw application filed under section
340 Cr.P.C. pending in the Court of Shri. xxx xxx xxx Ld. Principal Judge, xxx District,
Rohini Court complex, New Delhi 110085, on or before
presentation of second motion
petition.
D.
That the FIRST PARTY had filed cases, under section 12 of Protection of Women from Domestic Violence
Act-2005 in Rohini District court,
vide Filling No. xxxx/xxxx Filling Date xx/xx/xxxx and 125CrPC in Rohini District court, vide Filling No.xxx/2017
Filling Date xx/xx/xxxx, Both the
cases are dismissed for non-prosecution. The
FIRST PARTY is under
obligation to withdraw divorce
petition No. xxxx/xxxx pending before
family court, xxx on or before the presentation
of second motion divorce
petition.
E.
That the parties have agreed and
accepted that after recording of statements of parties in the SECOND motion and after
passing of decree of divorce by mutual consent, the SECOND PARTY shall file the quashing
petition, before Hon’ble Delhi High Court for quashing
of the FIR bearing No. xx/xx, dated xxxx/xxxx P.S. Model Town, as per
the law, which is pending in the court of Mr. xxxx xxx III, Ld. Additional
Session Judge, xxxx District, xxx Court Complex, New Delhi xxxx, and the FIRST
PARTY undertakes to co-operate in the process of quashing of the said FIR, as
per the law, and make necessary statement or affidavit and also appear before
Hon’ble High Court.
F.
The parties shall withdraw all
proceedings/ cases / complaints filed by them
against each other or their family members, which they have; or have not appraised to each other, on or
before filing of second motion petition.
Both parties need to share the document showing the closure of proceeding / case / complaint to the
other PARTY on or before presentation of Second motion
petition.
G.
The parties shall not retract to comply with the terms of the present
MOU and if any PARTY does so, the other PARTY shall have all rights to proceed in the Court of Law as per remedy
available to him/her, not limited to
withdrawing or challenging the divorce from/in
the court of law.
H.
The either PARTY shall not raise
any claim or right over the properties (immovable
or movable) of the other PARTY or his/her parents and relatives in future under any enactment prevailing or any
enactment made in future, under any prevailing or future circumstances on the basis of this
matrimonial relationship.
I.
The either PARTY shall not file any
other civil/criminal cases or other complaints relating
to matrimonial dispute
or arising out of this marriage
against the other PARTY or his family members within the jurisdiction in India,
or abroad.
J.
Apart from above complaints, if either PARTY has initiated
any complaint or a case before
any authority/commission/tribunal against other
PARTY or his/her family members in Delhi or any part of India without
the knowledge or in knowledge of other PARTY, then
that complaint/case must be withdrawn
before presentation of second motion.
K.
That after the grant of divorce
by mutual consent,
since the matrimonial relationship of the parties
cease to exist, the parties and their family members shall not initiate any legal proceedings including
sending notices, filing complaints, etc. against each other arising out of this matrimonial relationship except the right created under this “MOU”.
6.
The parties have executed this MOU
by mutual consent and without any force,
coercion, misrepresentation, pressure from any corner and after going through and understanding the contents of the same.
7. That, the parties do not have any grievance against each other and they have duly and peacefully settled the same to their entire satisfaction.
8.
That, the parties shall have no
other claim against each other in future for
all times to come and all his /her claims touching to the matrimonial
life of the parties stand settled
in all respect.
9.
That, parties, will be under obligation and under liability
to sign all application/
petition or any other documents, as required under the law for judicial dissolution of their marriage
and quashing of FIR as per law
beside the execution of this MOU.
10.
That, parties after all completion of
all above terms to the satisfaction of all parties , petitioners shall jointly file
and application of wavier of six months compulsory period of separation. At the
time of signing this Application Petitioner No. 1 will give affidavit of no objection
to quash FIR No. XX/xxxxx , Dated xx/xx/xxxx , PS. Delhi- xxxx against the petitioner
No. 2/ Husband and all family members of the petitioner No 2.
11.
That, parties have consented that
if any party breaches any of the terms mutually
agreed as per this agreement, then the party breaching the terms will be liable to pay a sum of Rs.
5,00,000 to the other party (aggrieved party) along
with the legal
cost for recovery
of the liability amount and it will also revive the legal rights of the
aggrieved party and it will be open for the aggrieved
party to restore
the cases taken back.
12.
WHEREAS, parties have consented
to this memorandum of understanding out of their own will, and
without any undue influence or duress and they are bound with the terms and conditions of this agreement. The parties shall not withdraw
their consent for obtaining the divorce
by mutual consent and both the parties have surrendered their rights to withdraw
their consent for obtaining the divorce by mutual consent.
13. That, the parties are explained that the parties to this “MOU” would remain bound by direction/ observation/ consequences mentioned in the judgment of Hon’ble Delhi High Court in the matter of “Rajat Gupta Vs. Rupali Gupta” reported as (2018) SCC online Del 9005.
IN
WITNESS WHEREOF, both the parties
have signed their respective hands
on this Memorandum of Understanding in the presence of the under mentioned
witnesses, on the date, month, year and place FIRST mentioned above.
The present MOU has been prepared in duplicate.
FIRST PARTY/WIFE SECOND PARTY/ HUSBAND
Witness No-1 WitnessNo-2
Link for First Motion Petition Format https://priyashbhargava.blogspot.com/2022/05/mutual-divorce-petition-first-motion.html
हर साल 108000 से ज्यादा पुरुष आत्महत्या कर रहे हैं इनके और इनके परिवार वालों की भी सोचो, मत इनको मौत के मुँह में धकेलो
अगर नेता पुरुषो से इतनी नफरत करते है, उनके लिए कोई कानून , मंत्रालय , आयोग नहीं बना सकते तो पुरुष इनको वोट क्यों दे ?
#NoVote2MaleHaters #Nota4Men
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