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Srinivas (.)     06 May 2014

Mou taken by wife's father and brother

MOU taken by Wife’s Father and Brother

Hi All, My Wife’s Father and Brother has taken MOU agreement copy Original for taking my wife’s signature and later they given Xerox copy to me and told after Divorce we will give. Now they are going against to MOU. MoU done outside the court and they didn’t attached the MOU in Divorce Petition and filed Divorce sec 13 1 ia,ib. My wife was at her home at the time of mediation and her parents and brother, relatives attended the Mediation.

 

1) My wife and her parents are not following MoU and not giving Original copy ?

2) Is Xerox copy valid in court ?

3)How to collect Original copy of MoU from My in laws?

 

Please advise. Thanks for ur time.



Learning

 19 Replies

Shantanu Wavhal (Worker)     06 May 2014

is it notarized / before sub-registrar ? get certified copy if so.

Srinivas (.)     06 May 2014

Hi Thanks for quick advise. we have written on Rs.100 bond paper and didn't notarized and her father and brother signed on MOU.  Mediatiors, Lawyer signed as withness.  Please advise how to proceed with this? Thanks to all..

great india (manager)     07 May 2014

Its of no use..... Until supported by witnesses. So gather your witnesses to defebd and prive validity of Xeroxed mou

Srinivas (.)     07 May 2014

Hi Thanks ..If withness are co-operate, Is Xerox valid in the court? Please suggest..

Srinivas (.)     07 May 2014

Hi Thanks ..If withnness are co-operate, Is Xerox valid in the court?  Can I file any case on them? Please advise..Thanks for ur time..

Adv k . mahesh (advocate)     07 May 2014

you say they will give after divorce is granted

submit a petition in the court to provide the original MOU copy to the court and a certified copy to you through your lawyer and court will pass a order to them to submit the MOU  

Srinivas (.)     07 May 2014

Hi Sir,Thanks for quick response. Now they are not following MoU and going against to that and telling we didn't have like that telling. Can I file any case on them to get MoU copy? If so..Please advise 

Adv k . mahesh (advocate)     07 May 2014

then why not you submit a xerox copy through a petition in the court and ask them to submit the original as they may alter it if it is in there custody and then will ask them to submit the MOU

Srinivas (.)     07 May 2014

Hi Sir ,Now my wife filed divorce filed under Sec 13 1 ia,ib and didn't get the summons from court. If they tell we didn't have..what will happen? Is xerox copy will consider valid? MoU Done my wife's place. Please advise how to collect MoU from in laws? Thanks for quick advise

Adv k . mahesh (advocate)     07 May 2014

already you said that you have xerox copy why you are worried file a petition in the court through your lawyer, they has to answer about original because once a copy is filed in the court if they disobey any point afterwards you can question them through court and there you will have upper hand and they should respond to court 

Srinivas (.)     07 May 2014

Hi Sir, Thanks for ur time...MoU done at wife's place..If I want to file petition through lawyer in the court,where I have to file petition wife's place or our place? Please advise..

Adv k . mahesh (advocate)     07 May 2014

where is the divorce petition filed there in that case itself to submit the MOU to court 

Srinivas (.)     07 May 2014

Hi Sir,Thanks for quick response.Ok sir.. My wife filed Divorce in Her home town but summons not yet received from the court. Can I use these MoU in future also if she file any cases? Please advise.

Adv k . mahesh (advocate)     07 May 2014

once you get summons then when proceedings going on at that time you can file the petition for original MOU to surrender in the court and without reading the contents cannot say wheater it is useful or not 


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