After several years of legal battles, my wife and I are trying to agree upon an out-of-court settlement. I had filed a divorce case against her and won the case in the District court few years ago; her appeal in the High Court on that OP decree is pending. She filed false 498A after I filed the divorce and filed a DVC case after that which are both pending. There is no maintenance case at this time.
Given the above circumstances,
1) can you please advise on what are the various clauses I should include in the "Terms and Conditions" of the Memorandum of Understanding (MOU) to ensure I am well covered?
2) Can I move the High Court for the quashing of FIR logged on 498A charges? The 498A trials have started and as part of the settlement, we agree that the case will be closed through the PW-1 marked as absent; and completion of LW-1 and LW-2 cross examination who will not put up a fight but be quite to close the case.
3) Are there any things that my wife can do even after the MOU is signed and the cases are closed, that I should be prepared for?
Currently following are the only terms my lawyer has drafted. But I wonder if I should think about including any other in such a way that they will be helpful to me in the future (e.g. to quash the FIR etc.) and also to safegaurd me from any other malicious intents my wife may have.
a) Both parties will not file any criminal/Civil cases against each other or family members in future
b) Both parties will withdraw allegations in view of the settlement
c) She will withdraw her appeal in High Court on the divorce decree and she will also withdraw DVC
Please advise on the above questions. Thanks.
Asked 3 years ago in Family Law from United States
1, There are many terms depending upon the circumstances involving both the parties. Mostly parties agree on withdrawal of pending litigations and waiver of future alimony claim. Custody of child, if any, is also mentioned.
2.Yes, once you reach to a settlement, both of you move to high court for mutual quashing.
3. Even after MOU is signed wife can file case but not after mutual divorce on mutual terms and conditions.
The terms you have mentioned can be mentioned in MCD.
1) your wife should agree to with draw appeal filed against order of family court granting divorce .
2) she should agree to with drawl of DV case filed against you .
3) it should be mentioned in MOU that disputes between the parties are settled .
4)she has no objection for quashing of 498A case filed against you .
5)if settlement has been arrived at between the parties HC would quash 498A proceedings
6) consent terms should be filed in HC and both husband and wife should remain present with counsels
7) if any cause of action arises your wife can file fresh cases .
8) if your wife is unable to maintain herself she can seek maintenance from you at later stage
1) The clauses drawn up by your lawyer in the MOU has fairly covered all aspects of a settlement and do cover you sufficiently against possible future litigation by your wife.
2) To add to clause 'b' of the MOU in addition to withdrawing allegations clearly state that a settlement has been arrived at between the you and your wife to get the charges quashed and in the matter of the DV case it is being withdrawn.
3) As the appeal against the lower court in the Divorce Order is pending before the High Court, you need to file the consent terms in the MOU before the High Court .
4) Despite having ended the dispute in this manner while you wait for the court to dispose of the matter your wife is at liberty to file a new case. You need to contest it on merit if that happens. It is advisable to just focus on the settlement now.
1. Depending on the facts and circumstances in your instant case you should cover all aspects. Importantly, you should mention that she should not file any criminal case against you. Also, usually the alimony part is also decided in the agreemet.
2. After the MOU also your wife can file a case against you but not after the Mutual consent.
3. Once your draw the agreement then you should mutually move for quashing of FIR.
Advocate, New Delhi
1. The MOU protects you fairly well and does not require any alteration.
2. Your wife has agreed to withdraw her divorce appeal from the High Court and also the DV case. These consent terms should be filed in the HC so that the HC may allow her to withdraw her appeal.
3. The undertaking by your wife in the MOU to withdraw her appeal and DV case is reflective of the outstanding disputes being settled. So it is not required to be separately mentioned.
4. She can file more cases against you and your family members even after the MOU, but she will not be able to ordinarily file any case against you after the consent terms are ratified by a judicial decision.
5. You can apply to the High Court for quashing of the charges on the basis of MOU entered into between you and your wife.
1. You can take a letter from her addressed to the police stating that she had filed the said complaint u/s498A of IPC in a fit of rage which she wants to withdraw now. She should also issue a letter to you confirming that she has no objection for your getting the said case quashed by the High Court,
2. She should withdraw all other cases just after filing the MCD and before the 2nd motion without leaving any such thing to me mentioned in the said MOU,
3. Any compensation and its payment terms should be clearly specified in the MOU. It is safe for you if you are to pay the compensation at the Court on the day of the 2nd motion,
4. The above is suggested in addition to what your lawyer has suggested you,
5. The main risk in such case is that, in case you are paying any compendation demanded by her in advance, she may take it and refuse to appear during the day of the 2nd motion claiming more compensation.