Legal Question in Family Law in India

Dear All,

Please help us !!!!

We are at the stage of signing an MOU and Husband wants wife to withdraw all the pending cases

right after signing the First motion i.e petition u/s 13 b (1).

Q1 : Is it safe for the Wife to withdraw her pending cases before receiving the entire amount and

after the First motion?

Q2: If a Clause can be added in the MOU that " If Husband commits any default then the wife shall

reopen all the pending cases against Husband." Does this clause is good enough to secure

the Wife's interest? or what else to be done?

Q3. Husband has added a clause that " if in case Wife commits default then Wife shall refund the entire amount paid to her within 15days " Is this correct for wife ?

Sir please answer all the question its very urgnt!

thanks


Asked on 7/28/11, 5:24 am

1 Answer from Attorneys
G. M. Gupta gmguptaandassociates

you can add whatever u want in the agreements between you.

anyway i will advice you to get the matter settled in mediation centre. however if you still go with the mutual agreement then get it properly stamped/ notarised. and both of you should submit it in the court.

then no body can back out of the agreement and if anybody backs out then he or she will be liable for contempt and fruad. besides this you can reopen your cases also.

go ahead

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Answered on 7/28/11, 8:02 am


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