MEMORANDUM OF UNDERSTANDING

This MOU is executed on this ____ day of _____20XX by and between Sh. XXXX S/o Sh. XXXX R/o Flat No.XXXX Haryana (hereinafter referred to as the ‘First Party’).

AND

Smt. XXXX @ XXXX W/o XXXX & D/o XXXX R/o Flat No.XXXX, Haryana. (hereinafter referred to as the ‘Second Party’).

Whereas, marriage between both the parties was solemnized as per Hindu rites and customs on XXXX at XXXX Delhi and out of the said wedlock, one female child namely XXXX was born on XXXX.

That the parties to the MOU could not live together due to temperamental differences as well as other differences. It is stated that family and friends also tried to address the issues between the parties but all went in vain, therefore, the parties started living separately since XXXX and have not been able to live together since then.

That the marriage between the parties has broken down completely and irretrievably and there are absolutely no chances of reconciliation between the parties for living together as all the efforts for conciliation between the parties made from time to time have failed and now there remains no possibility or probability for their living together.

That the parties to the parties have mutually agreed that their marriage should be dissolved by mutual consent by a decree of divorce by this Hon’ble Court.

NOW THIS MOU WITNESSETH AS UNDER:-

1.        The First and the Second Party shall institute appropriate proceedings seeking the dissolution of their marriage by a decree of divorce by way of Mutual Consent Petition under Section 13-B (I) &(II) of the Hindu Marriage Act.

2.        Both parties have agreed that upon signing present settlement agreement, First party and Second party within 15 days shall jointly pray for decree of divorce and withdrawal/ quashing of the aforesaid complaint before Ld. Principal District Judge, Family Court, XXXX or jurisdictional Hon’ble High Court, respectively.

3.        Both Parties undertakes to file for the Mutual Divorce petition before the Family Courts of the competent jurisdiction within 15 days of signing this present settlement agreement. The (Second Motion) under Section 13-B (II) of the Hindu Marriage Act is to be filed within a period of 15 days after the end of the mandatory period of 6 months from the date of filing of the petition of the First Motion before the appropriate court, where the recording of the statement in the First Motion has taken place.  Both the parties undertake to be present before the appropriate Court for the filing and for the recording of the statement in the mutual consent divorce petition.

4.        That at the time of recording of statement of both parties in the first motion of Divorce, parties have agreed that 2 (two) Joint back accounts which are jointly maintained by the Parties with XXXX with Account No.XXXX (Current account) and Account No. XXXX (Savings account) thereby having an aggregate sum of Rs. X amount shall be divided in Rs XXXX/- to Second Party and rest to first party after required adjustments from the bank. If the amount exceeds 27 lacs the additional amount would be transferred to second party.

5.        That at the time of recording of statement of both parties in the second motion, both parties further agrees that First Party i.e., Shri. XXXX shall gift his 50% in the joint property bearing No.XXXX Second Party i.e., Smt. XXXX @ XXXX XXXX at the time of signing and filing of the First motion, where-after, Second party i.e. XXXX @ XXXX XXXX shall be exclusive owner of the aforesaid property. It is further agreed that first party shall handover the vacant and physical possession of the aforesaid property to the second party at the time of execution of the gift deed and in future first party shall have no claim in respect of the property bearing No. XXXX and further agreed by both the parties that all the house hold articles shall be divided mutually by both the parties.

6.        That the entire contents of the SBI locker at XXXX Road in both parties name shall be handed over to the second party in full with no rights from the first party and all jewellery articles shall be handed over to the second party.

7.        That at the time of recording of statement of both parties in the second motion, both parties further agrees that First Party shall pay at actual school fees (as per fee requisition raise by school in hard copy or school software/app) of minor child XXXX till she attains class 12^th. It is agreed between both the parties that maximum limit of the school fee payable by First Party shall not exceed Rs. XXXX per month at any point in time and First Party is not liable to pay school fee beyond said limit of Rs.XXXX /- per month and it is further agreed College education expenses to be borne by the first party.

8.        That the daughter XXXX would have full rights over any property or assets or bank balance or jewelry acquired by either parties upon their death.

9.        That at the time of marriage of the child XXXX, first and second party shall carry out the expenditures in equal capacity per mutual consent.

10.     That at the time of recording of statement of both parties in the second motion, both parties further agree that First party has one LIC policy on his name which would get matured in 2028. Both parties agree that policy proceed upon maturity of the policy will get transferred from First Party individual Saving Account to XXXX Individual Saving Account. the yearly premium of the said policy is Rs. XXXX/-. The policy premium shall be continued as before by the first party.

11.    That at the time of recording of statement of both parties in the second motion, both parties further agrees that First party shall make an child policy on the name of minor child XXXX worth Rs. XXXX/- Nominee would be second party.

12.    It is further agreed between the parties that First party shall handover the possession of XXXX to the Second party being the owner of the Car. The car should be handed over after service and without any damages and all documents must be in order.

13.    That upon signing and recording their respective statements in the first and second motion and consequently attaining the decree of divorce, both parties agree that the Second party shall have the exclusive custody and guardianship of minor child Aarini Jain. The First Party shall have visitation rights of minor child Aarini Jain and Aarini Jain will remain in the Custody of the Second Party. However, the First Party will have full meeting rights which also include visitation rights once a month with prior written notice to the second party. In event of failure of the school fees, college fees and policy premium, the second party shall have the power to cancel the visitation rights of the first party.

14.    Upon performing above said events and as full and final settlement towards all and any past, present and future claim including her and minor daughter’s maintenance, stridhan if any, alimony expenses etc. First Party shall have no claim whatsoever in future with regard to movable and/or immovable property of the Second party and/or her family members related to this matrimonial alliance.

15.    The Second Party will not make any  claim with regard to her past , present, future maintenance, alimony, jewellery etc. subject to execution of First & Second Motion of Mutual Consent Petition under Section 13-B (I) &(II) of the Hindu Marriage Act, by the First Party.

16.    It is agreed and understood between the parties that both parties shall have no claim to each other’s property, either self-acquired, ancestral, HUF, if any etc.  All the jewellery, stridhan, if any and wary are in sole and exclusive possession of the Second Party.

17.    Upon signing present MOU, Complaint filed by the Second Party against the First Party and his family member, before Crime against Women Cell, Gurgaon, shall be withdrawn by the Second party, forthwith and shall take all necessary steps for ensuring such withdrawal of complaint or from discharge from all charges and/ or signing and appearing for quashing petition, as the case may be.

18.    Both Parties shall file an Affidavit before the Crime against Women Cell Gurgaon praying closure of the Criminal Complaint on the ground of compromise entered between the Parties.

19.    It is important to mention here that the Second Party has filed following cases:-

(i).     Complaint case U/s 12 of Domestic Violence and the same is pending   

         before 02.09.2021.

(ii).    Complaint case U/s 156(3) of Cr.P.C pending before Shri. XXXX.

(iii).   Complaint pending before Crime Against Women, XXXX

(iv). Suit for Permanent and mandatory injunction pending before Ld. Senior Civil Judge, XXXX and next date is XXXX.

(v).    Petition U/s 125 Cr.P.C pending before Judge, Family Court, XXXX, 

         and now fixed for XXXX.

20.    It is agreed between the parties that Second Party shall withdraw the Complaint case of U/s 156(3) of Cr.P.C pending before Shri. XXXX within 7 days from the date of handing over the Car keys of XXXX to the second party and it is further agreed between the parties that Second Party shall withdraw the case of Suit for Permanent and mandatory injunction pending before Ld. Senior Civil Judge, XXXX within 7 days from the execution date of gift deed related to share of first party in the property address mentioned above in favour of second party.

21.    It is agreed between the parties that Second Party shall withdraw all other pending cases after passing the order in second motion of divorce and during the period of six months, second party shall submit in all the authorities including police, Hon’ble Courts that no coercive action should be taken against the First Party since MOU has been executed between the parties and statement in First motion of Divorce is recorded.

22.    That it has also been agreed between the Parties that they will 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.

23.    The First and Second Parties have agreed that they shall continue to be bound by the terms of the settlement and their respective undertakings contained in this MOU.

24.    The contents of this MOU have been read over to the Parties and they have been explained the terms of this MOU and they have understood the same to be true and shall be governed by the same.

25.    This MOU constitutes the full and final settlement of all the claims/demands/grievances of the Parties, against each other and none of the Parties shall after the due execution of this MOU raise any claims/demands/grievances, of any nature whatsoever, against the other.

26.    The parties have executed this MOU without any force, undue influence or coercion from any quarter.

27.    This MOU is being executed in counterparts, with a copy each to the First and Second Party and both shall be deemed to be original.

IN WITNESS WHEREON the parties have signed this MOU on the day, month and year first above written in the presence of the following witnesses.

[XXXX]                                  [XXXX @ XXXX XXXX]

   First Party                                                                  Second Party

Witnesses:-

1.

2.      

Schedule A (what first party gets)

1.     Household goods to be divided between First Party and Second Party with the mutual consent of both the parties.

2.     Amounts in bank account to be settled as per clause 4 above

Schedule B (what second party gets)

1.     Jewelry in SBI Bank Locker (Locker is jointly maintained by both First Party and Second Party), and all the jewelery at the time of marriage from either families to be handed over to Second party.

2.     The rights of house XXXX to be relinquished by first party and handed over to the second party.

3.     Household goods to be distributed between First Party and Second Party with mutual consent.

4.     Honda Amaze car with registration number XXXX, which is currently on the name of Second Party, will be solely handed over to the Second Party after due service of the vehicle from a Honda authorized workshop. Thereafter, Second Party will be solely responsible for the car Maintenance and Insurance and First Party will not have any claim on the said car.

5.     Amounts in bank account to be settled as per clause 4 above

6.     Policy documents as per clauses 10 and 11