MEMORANDUM OF UNDERSTANDING

This Settlement Agreement / MoU is made on __ this day of April, 2024, between Mrs. _________________, D/o _________________, R/o House _________________, (hereinafter referred as First Party)

AND

1. _____________, S/o Sh. ___________, 2. Sh. _________, 3. Smt. __________, 4. Mrs. _________, 5. Mr. __________, and 6. Ms. ___________, all are R/o ____________ Delhi-110094., (hereinafter referred as Second Party).

The Party of the First Part and the Party of the Second Part are collectively referred to hereinafter as the “PARTIES”.

WHEREAS marriage between Mrs. _________________ and Mr. ______ was solemnized on _________ in accordance with Hindu Custom, Rites, Rituals in Hotel ____ at ___. That the First Party and the Second Party are Hindus and the aforesaid marriage between the parties was a Hindu Marriage under the Hindu Marriage Act, 1955.

AND WHEREAS the parties stayed together as husband and wife till about __^rd __. ____, thereafter marital disputes had arisen between them.

AND WHEREAS First Party has filed the following cases against the Second Party and his family members and the same are currently pending adjudication/investigation before the Hon’ble Court/concerned Police Station:

·        First Party has filed the complaint against the Second Party before the CAW Cell, _______, _____ and same is pending for _______.

·        First Party has also filed the Complaint case U/s 200 Cr.P.C alongwith application U/s 156(3) Cr.P.C against the Second Party which is pending disposal before the Hon’ble Court of Shri Anshul Mehta: M.M., Tis Hazari Courts, Delhi in which the next date of hearing is fixed for _______.

·        Simultaneously, a complaint case under Section 12 of Domestic Violence Act was also filed against the Second Party and his family before Metropolitan Magistrate, Mahila Court, Tis Hazari Court, Delhi titled as ______ Vs __________. which is fixed for ______.

AND WHEREAS Second Party and his family members have also filed the following cases against the First Party and her family members and the same are currently pending adjudication before the Hon’ble Court, the details of which are follows:

·        Second Party has filed the Complaint case U/s 200 Cr.P.C alongwith application U/s 156(3) Cr.P.C against the First Party which is pending disposal before the Hon’ble Court of Shri …………: M.M., Dist. East, Karkardooma Courts, Delhi in which the next date of hearing is fixed for ……..2024.

AND WHEREAS all efforts for reconciliation made on behalf of the parties, their relatives and friends have failed, and as such the Second Party and the First Party have arrived at an amicable settlement, wherein the parties have arrived at a full and final settlement by agreeing to settle all their matrimonial disputes on the following terms:

1.            Mr. __________ and Ms. _________________, agree that the marriage between them has broken down irretrievably due to irreconcilable differences and that it shall not be possible for them to stay together as husband and wife.

2.            The First Party and the Second Party agree that they shall amicably seek dissolution of their marriage by Mutual Consent under the Hindu Marriage Act, 1955 (hereinafter referred to as the “Act”) before the appropriate Family Court having jurisdiction, in terms of the present Memorandum of Understanding/Settlement Agreement (hereinafter referred to as “MoU”), within 30 days from date of signing the present MoU. Both parties understand and agree that in case any party refuses to move forward with the filing of the Mutual Divorce Petition, then the other/ affected party will move before the appropriate court for the specific performance of the present MoU.

3.            That both Parties agree and undertake to perform the following act:

a.      That the First Party shall withdraw, by way of written application or otherwise, the Complaint filed under Section 12 of Domestic Violence Act against the Second Party and his family members, which is pending for adjudication before Hon’ble Court of Ms. Shivli Talwar: MM: Tis Hazari Courts: Delhi titled as ____ Vs __________. which is fixed for ________,

b.     That the First Party shall withdraw, by way of written application or otherwise, the Complaint filed by the First Party before the CAW Cell, _________, New Delhi and same is pending for __________.

c.      That the First Party shall withdraw, by way of written application or otherwise, the Complaint filed by the First Party U/s 200 Cr.P.C alongwith application U/s 156(3) Cr.P.C against the Second Party which is pending disposal before the Hon’ble Court of Shri Anshul Mehta: M.M., Tis Hazari Courts, Delhi which is fixed for ________.

All above proceedings / litigation undertake to withdraw by the First Party within the period of 15 days, immediately after granting Decree of Divorce in First Motion Proceeding by the Hon’ble Court;

d.     That the First Party undertakes to thoroughly review and check all the social media platforms wherein she and her family members/friends have posted any Defamatory content against the Second Party and his Family members/friends and further undertakes to remove/delete/take all the necessary actions required for taking down such defamatory content to the satisfaction of the Second Party from internet/website(s) and all the social media platforms,I ncluding but not limited to, Facebook, X (formerly known as Twitter), WhatsApp Groups, Google reviews, Community Groups on Social Media Platforms, Instagram, LinkedIn and Snapchat etc. prior to First Motion. The First Party undertakes not to post any content/comments/posts/stories about the Second Party, his relatives and/or any businesses or jobs related to Second Party and his relatives in the future. Even after taking the final divorce decree from the court, should the Second Party and/or his relatives/friends come across any content/posts/comments/stories on the internet/websites/social media platforms etc. posted by the First Party and/or her relatives/friends regarding the Second Party, the First Party undertakes to delete or get deleted any such posts related to the Second party upon receiving information from the Second Party, through its counsels, within 7 days;

e.      Amicably file the First Motion Petition under Section 13B(1) within 15 days of the signing the present MoU before the appropriate Family Court having jurisdiction;

f.       That Second Party and his family members also undertake to withdraw the Complaint case U/s 200 Cr.P.C alongwith application U/s 156(3) Cr.P.C against the First Party which is pending disposal before the Hon’ble Court of Shri …………: M.M., Dist. East, Karkardooma Courts, Delhi which is fixed for ……..2024.

g.     The Second Motion Petition be signed by both parties after granting First Motion Divorce. For the purpose of Second Motion, both parties agree to file a Joint application, for the purpose of waiver of the statutory period of 6 months as prescribed under the Act as per judgment “Amardeep Singh v. Harveen Kaur [Civil Appeal No. 11158/2017 dated September 12, 2017]”, since the parties have been living separately for more than 18 months;

4.            It is agreed between the First Party and the Second Party, that the Second Party will pay an amount of Rs. ______/- (________ Lakhs Only) as permanent alimony i.e. a full and final settlement towards all claims against the Second Party and his family and after receiving the same, the First Party shall not have any monetary claims against the Second Party and his family members against any movable and immovable assets. The agreed amount of Rs. ________/- (Rupees S___Lakhs Only) will be given to the First Party by the Second Party in the following manner:-

·        A draft of Rs. _______/- (Rupees ____ Lacs Only), will be handed over to the First Party by the Second Party after the recording of the statement of both parties on the date of the First Motion.

·        A draft of Rs. ________/- (Rupees ___ Lacs Only), will be handed over to the First Party by the Second Party after the recording of the statement of both parties on the date of the Second Motion.

5.            The First Party has agreed that she had already taken all her istridhan including jewelry, clothes and all other belongings/items with her, and nothing is left with the Second Party and after receiving the above alimony, the First Party would refrain from asserting any further claims regarding her istridhan or any other articles from the Second Party or his family members. 

6.            The First Party and the Second Party also agree that since they are both well-educated and, in a position to earn their livelihood, neither party shall have any monetary claim against each other in the future except for the permanent alimony mentioned in Clause 4.

7.            Both the parties agree that they do not have any grievance against each other anymore, therefore, in view of the same, they have further undertaken that they shall not level any allegations against each other or each other’s parents/relatives or close friends nor cause to act in a manner so as to harm the reputation and image of each other, in the family or at their work place or the society at large; in relation to the disputes for the time period prior to the signing of the present agreement. Both the parties agree and undertake and assure that they have not filed nor shall file any claim against each other or each other’s relatives, themselves or through their relatives, agents, servants or assignees, other than the legal proceedings mentioned herein above. The Parties to this Agreement hereby withdraw all the allegations made against each other, their family members, relatives etc. and shall not make any allegations in the future.

8.            In case the Second Party does not provide the aforesaid sum as mentioned in Clause 4 of this agreement, the present Memorandum of Understanding shall stand canceled and in case the First Party does not appear at the time of the first and/or second motion even after the receipt of the First Installment, she will have to return the whole amount received by her within seven days.

9.            In view of the aforesaid settlement, the parties agree to make a joint request before the Hon'ble Family Court to accept the present settlement and to dissolve the marriage with their consent and grant divorce to them. The parties shall appear on the dates fixed for hearing and ensure that the decree is granted expeditiously.

10.        It is agreed between the parties that upon the execution and implementation of the present Memorandum of Understanding, either party will not claim any further amount towards past, present and future, maintenance, compensation, alimony or expenditure of any nature whatsoever.

11.        Both parties agree and undertake that they shall have no claim or right against each other on any immovable or movable properties of the other party or against the family members of the other party whether self – acquired, HUF or ancestral under any circumstances now or in future, in view of the present settlement. 

12.        That the present Memorandum of Understanding is effective and enforceable from the date of its execution and shall remain effective and binding and form part of the decree for mutual consent.

13.        That it is agreed between the parties that they will strictly adhere to the terms and conditions of this MoU and will do all acts necessary for the expeditious compliance of the same and shall cooperate with each other and sign all the relevant documents required for the purposes of obtaining divorce by mutual consent and giving effect to the present settlement.

14.        That both the parties to the present Memorandum of Understanding undertake that they shall duly perform and abide by all the terms and conditions as contained in the present Memorandum of Understanding and in case of breach of any of the terms and conditions as envisaged hereinabove, the parties are liable to be punished in accordance with Law. Neither the parties nor even any of their representatives, executors, assigns, successors, administrators, etc. would at any time, even in future, challenge these terms and conditions, on any ground, whatsoever, and/or in any manner, whatsoever, and would always remain bound by them.

15.        That both the parties have executed this MoU of their own accord and free will, without perpetration of any force, undue influence or coercion from any quarter, and both the parties shall be estopped in law to assail the validity of any clause / term of the MoU on the ground of the same being void or unlawful.  Further, the parties have confirmed and undertaken that they were given sufficient time and opportunity to consult the legal counsel of their choice and it is only after said consultations with the Counsels of their choice, after full understanding of the effect of the terms and conditions of the present settlement deed, that the parties have executed the present MOU.

16.        All the parties to this agreement shall maintain absolute secrecy and confidentiality with respect to anything stated in the present agreement, the allegations contained in the Complaint before CAW Cell, Kirti Nagar and Complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and Complaint U/s 200 CrPC filed by the First Party against the Second Party; allegations contained in the said cases thereby, these contents/allegations shall not be spoken about or discussed in writing or otherwise in the future.

17.        That the parties are accordingly signing this MOU in presence of the following persons, to authenticate their will to comply the same as agreed above.

Witnesses:-

1 ___________

2. ___________