• MoU agreement between me & my ex-wife is binding on my mother

I married in Oct 2015.

Dispute started in march 2017.
She filed false 498a and maintiance case in court.

Then we compromised for MCD. My ex wife withdraw 498 a and maintaince cases.

 I got divorce on Nov 2018.

MoU signed Only between me and My ex wife That we, our family member, relatives will not file cases each other in future. 

My mother did not sign anywhere. But I was living with my parents at the time of signing of MoU.

To take revenge I want to file cases through My mother against my ex wife because she written my mother and my sister name in false 498a case. We have all evidences that all these allegations were wrong and we can proof 100% it in court. 

False 498a case gave mental trauma to mother and Spoiled her reputation. My sister and father name was also written in that case. My ex wife also take away my son away from my mother and this is causing depression in my mother. And now not let her to meet her grand children.


Is that MoU is binding on My mother also ?? 
Can i surrender the rights of my mother regarding filing case ?? 
 
If my mother file any case against her...... it will be called breach of trust by Me ???? I can also prove that i am not living with my mother from last few months and she is filing cases in her individual Capacity. I can not stop her doing this. 


If yes
Which cases my mother can file against her???
And it will be violation of MoU or not.????
Asked 4 months ago in Family Law from Delhi, Delhi
Religion: Sikh

1) MOU is not binding on your mother 

 

2) she is at liberty to file case against your ex wife 

 

3) it would not be regarded as breach of trust 

 

4) however not advisable to file any cases 

 

5) she can file application seeking visitation rights for her grand children 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

You can di ke caes on behalf of your mother on basis of report. If you have filed consent terms willing then you can take further course of actions

 

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

See since 498a was withdrawn on mutual settlement no case as such be maintainable as there was no trial and you people were not acquicted. So in case your mother goes for defamation or malicious prosecution the court may reject same and not.yield any good results.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

1. yes the terms mentioned on the MOU is binding upon spouses and their respective immediate family members.

2. Do not forget as if you get nay case filed by your mother then , your ex wife can also file umpteen number of cases including case for maintenance and case under PWDV Act.

3. there is no point at all to run backwards. You have got rid of her. SO see ahead  move on in life and settle with someone else. After sometime you would have got no egret for not chasing her to take revenge.

Good luck.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

No purpose will solve neither any case made out. For child , You can file application for custody, court will order visitation rights. She has withdrawn cases in which your mother was also named, so MoU binding on her also. If mother will file any case,  she too will reopen case against her.

And anyway, case will have no result.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Since the 498a and other cases have been withdrawn as per MOU, it is binding on all the people who are involved in it.

If your mother is filing any case against her it may not be maintainable for two reasons:

One is : that this case prosecuted by state i.e., police hence no case agaisnt her will be maintainable;

second is: that she withdrew her complaint in total on the basis of the MOU, thus it implies that it is binding on everyone who have been involved in the case, hence any case as proposed by you may not be maintainable.

 

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Hello,

 

Appropriate advise for all these questions have been given to you over phone. 

 

Thanks 

 

Let me know if I can be of fuurther help

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

After withdrawn of 498a filing any case against her is not Maintainable. 

 

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

Dear client 

Yes the MOU signed between you and your ex wife is binding on your mother as 498 A was the case related to your marraige dispute your mother cannot file any case related to your marraige dispute against your ex wife.

And if she still files the case it can be dismissed by court if they present the certified copy of decree of divorce.

Mohit Kapoor
Advocate, Rohtak
3598 Answers
1 Consultation

5.0 on 5.0

the memorandum of understanding executed between you and your wife would not be binding on your mother as she had not signed on the same.

She can still file cases against her. it would not be termed as breach of trust on your part as you are not liable for the address of your mother, but since you had undertaken that none of your family members but file cases against her, therefore she can file suit for damages against you.

Please state whether your mother was a party of the 498 a IPC case or not?

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

Your mother can file case as she is not bound by MOU.  It's does not matter whether she was residing with at time of signing the MOU.  But you may also face criminal case for making false promises and commitment in order to get MOU signed,  if your ex-wife files the criminal complaint otherwise no problem. 

.

Ram Kumar
Advocate, Delhi
16 Answers
1 Consultation

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