Hi All, I have prepared the MOU. Please review and let me know if there are any changes required. Thanks for quick response.
MEMORANDUM OF UNDERSTANDING
Whereas the marriage between the first party and the second party was solemnised according to Hindu rites and ceremonies on XXX. After the marriage the parties lived together as husband and wife in YYY. There is no child born out of the wedlock of the parties.
And whereas after sometime of the marriage serious disputes arose between the parties and the parties couldn't enjoy their married life happily and now the parties are living separately. The marriage between the parties has irretrievably broken down and there is no possibility of any reconciliation.During the proceedings of mediation the parties to the agreement settled all disputes in the following terms and conditions manner:–
1) That the second party will pay a sum of Rs. 7,50,000/- (Seven Lakh Fifty Thousand Rupees only) to the first party in full and final towards one time settlement of all her past, future and present claims of maintenance and permanent alimony, jewellery, istridhan / stridhan, dowry articles etc. etc.
2) The aforesaid payment deposited in Joint account of (XXX),Joint Account No: 1111 through Check Rs.7,00,000 (Seven Lakh Rupees) (Check No.) by Second party and Rs.50,000 (Fifty Thousand Rupees) by way of cash deposited by ‘X’ uncle of Second Party.
3) The First Party states that by accepting the Joint account and getting them encashed. She understands that the terms and conditions of this agreement are getting fulfilled by Second Party and both the Parties are agreeing to expressly forgo the right of future Maintenance / Alimony against each other and will not claim any amount or right over each other in future even under change of any circumstances in any court of law.
4) That it is agreed between the parties to this agreement that they will file a Mutual Consent Divorce Petition in the court of law through their respective lawyers and Joint account holders ( R &S ) shall pay an amount of Rs. 7,50,000 (Seven Lakh Fifty Thousand Rupees only) to the first party by way of Demand Draft at the time of Final Divorce Decree day and The first party also undertakes to withdraw her criminal complaint after signing of the present MoU.
5) It is further agreed that the first party shall withdraw all her cases from the respective courts, forums, police stations etc. etc. It is agreed that after the execution of the terms and conditions stated above there shall be no claim left between the parties against each other in any manner whatsoever. The first party shall not raise any claim or right over the properties immovable or movable of the second party or his parents and relatives in future. She shall not file any other criminal or other complaint against the second party or his family members within the jurisdiction in India, or abroad.
6) Both Parties state that there are no other exchanges pending between them and either of them shall not make any claims whatsoever in future in any court of law. This express waiver to claim includes all claims in past, present and future in respect of alimony, maintenance, Stridhan, litigation cost, marriage gifts, dowry, ornaments or articles of any nature, personal belongings, expenses incurred during marriage, other occasions by self and/or by parents and/or relatives and/or well-wishers and/or friends or otherwise and any other demand whatsoever.
7) That it is further agreed between both the parties that they would not have any communication or contact with each other, with each other's friends, family members or relatives. They shall not create any situation which may defame or lower the reputation of the parties or their family members in the society. It is further agreed that they shall not enter at each other's workplaces as well and both parties parents are also included as Other parties to bind them to not to violate the MOU by wife/husband, so that parents are also covered for prosecution.
Any deviations from the above mentioned terms conditions shall be held as contempt of court and the Party responsible for deviation will be liable to face court (Civil & Criminal) proceedings and that whoever violates the MOU have to compensate the other party sum of Rs.20,00,000 (Twenty Lakhs Rupees only) and other Legal expenses and both 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.
In Witness Whereof, the parties have signed this MoU on day month 2014. First above written in the presence of the following witnesses:–
(First party) Other parties: Witnesses:
(Second party)
