Inzy (Sales) 09 March 2025

Witness sign on mou

Respected experts

Do witness sign is required in MOU

Amount transfered through transfer of cheque to wife for settlement of cases.

Now wife taken U turn deviating the agreed amountbin MOU demanding huge amount after taking 60% amount through cheque. The cheque is given infront of judge in court but witness not available at that time pls suggest do witness mandatory to file a case against her for deviating MOU.

Judgement also recd thru court as case compromises..now she is demading huge money after judgement and threatinng husband that she wil file another case against husband.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 09 March 2025

A complex situation involving a Memorandum of Understanding (MOU), cheque payments, and a court judgment. Witness Signature on MOU: 1. *Not Mandatory*: Witness signatures are not mandatory for an MOU to be valid. 2. *Evidence*: However, witness signatures can serve as evidence to prove the authenticity of the MOU. Cheque Payments and MOU: 1. *Consideration*: The cheque payments made to the wife can be considered as part of the settlement agreement. 2. *Deviation from MOU*: If the wife is demanding a huge amount despite receiving 60% of the agreed amount, it may be considered a deviation from the MOU. Court Judgment: 1. *Compromise*: The court judgment indicating a compromise between the parties may not necessarily validate the wife's new demands. 2. *MOU Supersedes*: If the MOU was signed before the court judgment, it may supersede the judgment, and the wife's demands may be considered a breach of the agreement. Filing a Case: 1. *Breach of Contract*: The husband can file a case against the wife for breaching the MOU. 2. *Specific Performance*: The husband can also seek specific performance of the contract, ensuring the wife adheres to the agreed terms. Witness Signature Requirement: 1. *Not Necessary*: In this scenario, witness signatures on the MOU may not be necessary to file a case against the wife. 2. *Other Evidence*: The husband can rely on other evidence, such as the cheque payments, court judgment, and communication records, to support his case.

T. Kalaiselvan, Advocate (Advocate) 09 March 2025

The cheque payment itself is an evidence in this regard and you don't need any separate evidence to prove the MOU.

You cannot legally enforce the conditions of an unregistered MOU, but it can be used as an evidence if you file the case for breach of trust against her.

If the court has already passed the judgment you don't need to be worried about her future cases, they will not be maintainable.

You can pay the balance agreed amount to her and refuse to pay any extra amount.