FORMAT OF MEMORANDUM OF UNDERSTANDING

FORMAT OF MEMORANDUM OF UNDERSTANDING (MOU) / MARRIAGE SETTLEMENT AGREEMENT

It has been seen that matrimonial cases generally culminate through a process of amicable settlement. Settlement can be done through a designated mediation centers established in the courts or by the assistance of their relatives, friends or respective counsels who are handling the cases of the parties, which called, out of court settlement. Both ways are equally good and have equal legal value. The settlement could be reached between the parties at any stage of the case and it can be done prior to the commencement of the case also but it is very rare as there is no proper platform where parties can be assisted /counselled in way where parties could settle their claims and disputes. Now almost in every Court have mediation centers and apart from it, in every Matrimonial Courts, a well trained counselor has also been appointed to assist the parties to get their matter settled amicably without going through in the long process of the cases which takes years to end the case. It is worthwhile to mention here that maximum cases arising out of the matrimonial disputes, ends through a process of settlement. At the end of the mediation, when mediation is successful and parties are in agreement to dissolve their marriage by way of mutual divorce, so as per the mutual agreement of the parties, an MOU (Memorandum of Understanding)/ settlement agreement is prepared which are to be signed by the litigating parties, their witnesses as well as mediator. Herein below a sample of draft of an MOU (Memorandum of Understanding)/ settlement agreement has been given for better understanding about the same. The terms and conditions of the MOU (Memorandum of Understanding)/ settlement agreement may vary case to case as per their facts in issues involved.

MEMORANDUM OF UNDERSTANDING (MOU) / SETTLEMENT AGREEMENT

­This Memorandum of Understanding is made and executed on this         ……. day of January 2021 between:

XXXXXXXXXXXXX (Complete name and address of the Husband) hereinafter referred to as “FIRST PARTY”

                                AND

XXXXXXXXXXXX (Complete name and address of the wife) hereinafter referred to as “SECOND PARTY”                    

WHEREAS;

1.  The marriage between the First Party and Second Party was solemnized on ……..as per Hindu rites, customs and ceremonies. No child is born from the above said marriage.

2.  That the marital life of the parties could not run happily and due to temperamental differences, difference of opinion and incompatibility between the parties, disputes and differences have been  arose  as such they could not continue their relationship happily for long time and in result thereof, both of them started living separately since …. September, 2016.    

3.  That the second party has filed a complaint before the Police authority on which an FIR no……, U/S 498A/406 /34 IPC was registered on………, in the Police Station ………New Delhi against the first party and his other family members. The second party has also filed a case under section 125 Cr.P.C vide Mt. Case No. ……….against the first party, which is pending adjudication before …….Ld. Principal Judge Family Court, New Delhi. The first party has filed a Divorce Case U/S 13 (1) (ia) of the Hindu Marriage Act 1955 vide HMA Case No………..  against the second  party, which  is pending adjudication before …………….Ld. Principal Judge, Family Court, New Delhi. During the pendency of above said matters, Parties were referred   to mediation center and with the kind intervention and efforts made by the Ld. Mediator, their respective family members and valuable assistance rendered by the respective counsels of the parties,  matter got amicably settled and their all disputes and claims have also been settled amicably on…

4.   AND WHEREAS Parties have settled their terms and conditions on the following terms:-

 A. That it has been settled between the parties that they will dissolve their marriage on the ground of mutual consent under section 13 B of HMA.

B.    That it has been mutually settled that the first party will pay a sum of Rs………..)  to the second party as full and final settlement towards all her claims i.e., maintenance (past, present and future), permanent alimony, stridhan, Jewelry etc.

C.    That the full and final amount of Rs ………….will be paid by the first party to the second party in three  equal installments. First installment of Rs………..) will be paid at the time of recording of statement on the first motion petition by way of demand draft in the name of second party. The second installment of Rs………….)  will be paid, at the time of recording of statement on the second motion petition by way of demand draft in the name of second party, and the third and final installment of Rs………..) will be paid at the time of quashing of the Case FIR no……. U/S 498A, 406 /34 IPC dated …… IPC, registered  in the Police Station ……….against the first party and his other family members, before the Hon’ble High Court and the second party will cooperate and make necessary statements before the court for quashing of the above mentioned case/FIR .

D. That it has been settled between the parties that both the parties will file joint mutual divorce petition under section 13B of Hindu Marriage Act to dissolve their marriage by a decree of Divorce by mutual consent as early as possible preferably within a period of 15 days from the signing of the present MOU. The second motion petition u/s 13 B (2) of HMA along with an application for waving of statuary period of six months will be filed soon thereafter preferably within a period of 2 months from the grant of first motion petition. It is also agreed that the petition for quashing of the Case FIR no……… U/S 498A, 406 /34 IPC dated ……….., registered in the Police Station ………..against the second party and his other family members, will be filed soon after grant of decree of Divorce preferably within a period of 15 days from the grant of decree of divorce.

E.   That  both parties have agreed that they will cooperate with each other for filing the first motion petition u/s 13 B(1) HMA,  second motion petition 13 B(2) HMA and quashing petition and will appear before the respective courts to make necessary statements.

F.    That both the parties have agreed that after receiving the full and final settlement amount, grant of divorce and quashing of the case, either party will not interfere in the personal and professional life of each other and they will also not file any type of case, complaint, petition against each other or their respective family members qua this marriage.

G.     That after signing of this MOU the respective parties shall withdraw their cases from the concerned court as soon as possible irrespective of their dates of hearing. The parties have undertaken that they will file an application in their respective cases to preponement of the dates in order to withdraw the cases.

H. That it has been mutually agreed between the parties that after receiving the full and final amount i.e. Rs…….., neither Party or their family members shall have any claim left against the other Party or their family members of any kind whatsoever and they will not claim any type of maintenance, alimony etc. as it is a full and final settlement which covers all the claims of the respective parties. 

I.    That it is further agreed between the parties that in case of breach/violation or willful/deliberate disobedience of either the settlement deals or its terms and conditions, the party breaching the terms, shall be liable for contempt proceeding and the party aggrieved shall be entitled for status quo-anti in every possible way.

J.   That it is also agreed between the parties that any case, complaint, claim or appeal filed against each other whether known or unknown where summon/notice has been issued or not would be null and void and will be treated as withdrawn/quashed after grant of decree of divorce to the parties.

K. That the above said settlement and its terms and conditions have been entered and executed between the parties with their free consent and the consent of their respective family members with their sweet will and without any force, undue pressure, influence, misrepresentation or mistake (both law and fact) in any form, and statement, agreement has been correctly recorded the said agreed terms are without any inducement or coercion from any corner whatsoever. 

IN WITNESS WHEREOF, the parties here to have signed this MOU on the day, month and year first herein above mentioned in presence of the following Witnesses:

                                                                                                                                                                      First Party

(Name of the first party)

WITNESSES

1.

                                                                                                                                                                         Second Party

(Name of the second party)

2.