Maximus (SE) 07 February 2015

Need a clarification on mou and settlement of marriage dispu

HI Team,

I need advice from this group regarding my problem. We got Married in 2011 due to family disputes, we got separated within 2 months of marriage, after that she has 498a first and then RCR (second) and then Interim Maintenance. Last month they came for comprise and Amicable settle the case. As part of MOU, both of us signed to an agreement that once she removes each and every case, I will be giving one installment. Currently she has withdrawn the RCR and Interim Maintenance, I gave her DD has First installment, next we are planning to close out 498 a case in High Court (since our case in High court for quash for past 12 months), once this case has been withdrawn I will give second installment (yet to do) and we also agreed in MOU that both parties will file for MCD, @ time of decree I will pay 3^rd (final installment). Total X amount will transfer to her in 3 installment has a full and final settlement/permanent alimony, it has been mentioned in MOU. It also signed in MOU that both the parties agree to exchange ornaments @ time of signing (we have signed and exchanged our articles @ same time). Since these days Family courts are not passing cases to lok adalat for amicable settlement until unless boy pays full and final settlement amount to girl. My advocate suggested to the other lawyer to file MCD along MC (Maintenance). Since there is cooling period of 6 months, I need to attend court once in 6 month and take decree after 6 months.

Now my question is

· Is there any chance she may back track and file another set of cases after taking part money

· 3^rd party (who is also lawyer) keep asking me to give some amount for his settlement work he did. He keeps on changing that amount by adding 15K to initial agreed amount, he is trying to grab more money by creating panic situation. Next week I’m planning to with draw 498 a case, if I give second installment in form of DD to her, is there any chance that she files new cases.

· She has withdrawn the RCR case based on filing Photo copy of MOU signed by both us and affidavit stating that I agreed to withdraw cases has boy is paying me permanent alimony in 3 installments. Can’t I make use of her submitted affidavit to court and file for divorce without her consent? RCR has already been dismissed by family court.

Please help me on this whether I’m in safe position even after filing MOU.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 07 February 2015

Can she file any cases after having withdrawn all the present cases? - We cannot predict such issues, it depends on her greedy mood or having been brainwashed or misguided by some vested interests on her side. This is not an astrological issue that we can be make some wild guesses. But legally, if she is surfacing with similar or different cases in the future, she can very well do it.

If the MCD is on the anvil and proposed to be filed jointly, do not waste that opportunity, go ahead with it, wait for the end of cooling off period of 6 months, you can file a divorce case from your side on the grounds of mental cruelty if she does not turns up on the second motion and not before that.

The MOU can be used as a documentary evidence for the incidences that took place subsequently but cannot bind her legally to the conditions therein.

Laxmi Kant Joshi (Advocate ) 07 February 2015

You must attend all the court proceedings you both have to be physically present on your first and second motion as well as in the high court to quash 498a case .

Samir N (General Queries) (Business) 08 February 2015

Piece-mail settlements are VERY BAD. PERIOD. But whats done is done. Enforcement of settlements comes under the Specific Relief Act. If you do anything contrary to the settlement, such as filing for a divorce when the settlement says that you are going to go in for a MCD, then the entire settlement gets thrown out and all the monies paid by you lost. She will just claim that you violated the terms of the settlement and therefore are not entitled to any recoveries. She can then do whatever she wants, including refiling the old complaints.

Good advocates can rip apart a settlement once the other party knowingly violates even a small section of the terms and conditions in it.

The problem with most settlements is that they are drafted by advocates who do not understand the practical implications or are in a rush to get paid themselves or are just not sophisticated enough. Settlements should be kept simple. You should have put in the monies in some escrow account which gets paid to her after all the terms and conditions are satisfied by her in a timely manner and if she had failed, the escrow monies revert back to you. Similarly, if you act against the MOU, she is entitled to the escrow monies right away. This way, financial exchange is one-time and both parties are protected. Though this might be late for you, I am writing so that others looking at matrimonial settlements involving multi-stage processes will look into this approach...

Need a clarification on mou and settlement of marriage dispu

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