Legal Question in Family Law in India
Hi,
Wife agrees to go mutual divorce for that prepared MOU according to conditions and mode of payments through DD for each case settlement.
But wife side people are asking before going to with draw first case in court and after signing MOU they are asking 10% of final settlement amount so this amount will be pay through DD they agreed.
My question was: Is their any issue after signing MOU to pay the 10% of amount though DD without withdraws first cases.
Any way i will take photo copy of DD and singing MOU doc. Apart from, is their any document required?
4 Answers from Attorneys
MoU has no meaning outside the court, it has to be placed on record of the Court. In view of the settlement, the Court will pass order in accordance with the MOU,
You should try to reach an amicable settlement on what ever terms possible; and avoid litigation, except for seeking a mutual consent decree on agreed terms.
you are required to file a joint petition in the court for obtaining divorce by mutual consent. Mou divorce is null and void in eyes of law.
Leave sum balance to be payable for the final hearing of the withdrawal of the last case. For clarifications feel free to contact the undersigned.
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