Another Sample MoU for ending Matrimonial Litigation

(MEDIATION UNDER THE AUSPICES OF

THE DELHI HIGH COURT LEGAL SERVICES COMMITTEE)

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding is made at New Delhi on this (xx)th day of (month) 20xx.

BETWEEN

Mrs. 498a d/o abcd w/o victim r/o 1234567, colony pqr, New Delhi-1100nn (hereinafter called the first party)

AND

Mr. Victim s/o dr. so and so r/o 777777777, colony uvwxyz, New Delhi-1100mm (hereinafter called the second party)

Whereas the marriage between the first party and the second party was solemnised according to Hindu rites and ceremonies on xx/yy/20zz at Delhi. After the marriage the parties lived together as husband and wife at Delhi at colony uvwxyz only. There is no child born out of the wedlock of the parties.

And Whereas after sometime of the marriage serious disputes arose between the parties and the parties couldn’t enjoy their married life happily and now the parties are living separately from xx/yy/20zz. The marriage between the parties has irretrievably broken down and there is no possibility of any reconciliation.

And Whereas the first party filed one criminal complaint against the second party at Nanakpura women’s cell. Various sessions were held between the parties on several dates and during the proceedings of mediation the parties to the agreement settled all disputes in the following manner:–

1) That the second party will pay a sum of Rs. X,00,000/- (X Lacs only) to the first party in full and final towards all her past, future and present claims of maintenance and permanent alimony, jewellery, istridhan / stridhan, dowry articles etc. etc.

2) That the aforesaid amount of Rs. X Lacs shall be distributed(!) in three instalments i.e. Rs. A,00,000/- (A Lacs only) vide DD no. 3456789012 dated xx/yy/20zz drawn on such and such Bank, New Delhi at the time of signing of the present settlement deed. The remaining Rs. Y Lacs shall be paid to the first party in two equal instalments of Rs. Z Lacs each to be paid at the time of first and second motion.

3) That it is agreed between the parties to this agreement that they will file a Mutual Consent Divorce Petition in the court of law through their respective lawyers in (month) 20xx at ABCD Courts at Delhi and the second party shall pay an amount of Rs. Y Lacs to the first party by way of Demand Draft at the time of recording of first motion statement before the court.

4) That it is also agreed that the second party shall make a statement to withdraw his cases filed against the first party before the court at EFGH District Courts and ABCD Family Courts Delhi after the signing of the present MoU (note: this can also be drafted so as to withdraw cases after the filing of the first motion. MU). The first party also undertakes to withdraw her criminal complaint after signing of the present MoU.

5) That after the expiry of the mandatory period of 6 months the parties shall file the second motion of their divorce petition and the second party shall pay the balance and final amount of Rs. Y Lacs to the first by way of Demand Draft at the time of recording of second motion statement before the court.

6) It is further agreed that the first party shall withdraw all her cases from the respective courts, forums, police stations etc. etc. It is agreed that after the execution of the terms and conditions stated above there shall be no claim left between the parties against each other in any manner whatsoever. The first party shall not raise any claim or right over the properties immovable or movable of the second party or his parents and relatives in future. She shall not file any other criminal or other complaint against the second party or his family members within the jurisdiction in India, or abroad.

7) That it is further agreed between both the parties that they would not have any communication or contact with each other, with each other’s friends, family members or relatives. They shall not create any situation which may defame or lower the reputation of the parties or their family members in the society. It is further agreed that they shall not enter at each other’s workplaces as well.

Both the parties have executed this MoU by mutual consent and without any force, coercion, misrepresentation, pressure from any corner and after going through and understanding the contents of the same.

In Witness Whereof, the parties have signed this MoU on the day, month and year first above written in the presence of the following witnesses:–

Abcd Efgh

(first party)

Ijkl Mnop

(second party)

Qrst Uvwx

(mediator)

Witness 1:–

Witness 2:–

Stamp/seal of mediation centre

Attachment: photocopy of demand draft given by second party to first party on this day, signed by both parties.