Wife can withdraw her consent anytime. Safe would be to deposit the draft in the court and let the wife take the same at the time of second motion.

Dear Client,

No relief if she back off.

MCD is a petition u/s 13B of HMA.

1.MoU is an agreement.

2. Its not mandatory.

3. Yes, you can not mention. Safeguard shall be provided in the petition itself. It ought to have been drafted in such a manner that every issue get settled upon divorce and no dispute can arise. Advocate drafting skill counts.

4. You can do so but court has nothing to do with grounds as far as MCD is concerned.

5. Once you file, first motion shall be allowed. Then you need to appear once for second motion after 6 months. Or it can be manged through video conferencing as well.

You may contact if any doubt remains.

Hello,

File a mutual consent divorce and get it decreed, otherwise your wife can back out from this at any point of time.

Regards

The MOU can help you in certain cases as if wife backoffs for more money then you can contest same that wife has agreed on sum and now she is backing off, but such MOU cannot be enforced if wife gives another reason for backing off from divorce then it had to be contested no direct enforcement, though it will help you at certain level but she can withdraw her consent any time she wants from divorce.

Further in most of cases that is why it is always advisable to pay settlement amount after the decree of divorce.

Of course , yes ! MOU and cheque will support your case.

Your MOU has no validity in the eyes of law. But you can file for MCD in the basis of such MOU.

Moreover, Supreme Court has relaxed the procedure of granting divorce on the ground of mutual consent. The Supreme Court had held that 13 b (2) Hindu Marriage Act (which talks about the cool is not mandatory but directory, it will be open to the court to exercise its discretion in the facts and circumstances of each case.

So, you can file for mutual consent divorce and ask for the waiver of cool off period, so that your wife doesn't back off from her consent, as 6 months is a long time and she might be fed different things from different people.

1) MOU is binding on parties

2) in event wife backs out of consent terms you can file for divorce on grounds of mental cruelty

3) you can rely upon MOU to make out a case

1. Yes it will be binding on your wife

2. Your wife will be prohibited from backing out from the MOU

3. In legal terms it is known as estoppel which means once a person says a certain thing then he will be stopped from saying something contrary

4. That is a person cannot blow hot and cold at the same time

5. She has received cheque payment from you and probably also encashed it

6. Later on she cant say she did not receive the payment towards settlement

7. If at all she disputes signing of MOU, the notary can be called as a witness

Yes it will help you to an extent but you need to approach the family court for other reliefs

The notarised MOU no doubt not enforceable in law but based on that you may file a contested divorce on the grounds of cruelty.

This can be produced as documentary evidence at a later stage.

you can serve her at her lat known address

2) if unable to serve summons apply for substituted service ie paper publication

She must given her address in MCD or will give,

Send notice on last known address, She is not appear , court will grant ex parte.

Usage of technology in judicial proceedings can be done and summons can be send to your spouse by way of email, text message or whatsapp, which would be deemed to be proper service, but prior consent of the cpurt is required.

If she doesn't appear despite service of summons, you'll get an exparte decree of divorce.

You can put the last known address as her address in court.

You can send the summons to her last known address, the court will then order for steps for substitute service of summons through newspaper or any other mode.

If she is not turning up before court despite all efforts taken by you then the court may set her exparte and a decision shall be pronounced in her absence

This is my response to you:

1. Is there any clause which stays that she will comply with MCD?

2. If so, then you have a very strong proof of the same;

3. If she later backs out and is not traceable then you will have to file for contested divorce;

4. You will have to serve her notice or directly copy of divorce petition;

5. You can send it two or three addresses wherever you assume she might be staying;

6. You can send it to her place of residence or her last known address;

7. Do not worry about serving notice, there is substituted service and pasting on the door.