• What if husband breaches MOU agreement in mutual consent

I am married for 15 years and facing mental and physical abuse all over the years ..Two years back he broke my legs and hit my head in wall and faced severe injuries . Every one from my family begged not to file FIR and he also begged . in mind of my two kids i left it . but still the cruelty is increased and i took some evidences during these time and asked for divorce. He agreed for mutual consent . But while we were preparing an MOU , he insisted me to give back two properites which are jointly bought before signing MOU. When i said that I will do once divorce made he turned down . Now i have filed HMOP and DVC in combined courts . Almost 1 year passed and case in trials now . And i am frustrated of this procedures and since his lawyers also asking for compromise and i was married at 18 and not financially independent , i again convinced my self for mutual divorce, But the real issus is that again everyone asking me to surrender the gold , two properties to him , after signing the MOU also withdrawl of DVC. but is that mandatory to leave everything before filing mutual consent . I said once he appeared in court and say i am also ok for mutual divorce , i can do all in one day. Because he will escape to abraod as he works in IT. What is the solution for this ? question 1. Is it mandatory to withdraw all cases and surrender assests before mutual divorce 2. if i do so , what if he breaches the MOU
Asked 13 days ago in Family Law
Religion: Christian

9 answers received in 1 day.

Lawyers are available now to answer your questions.

10 Answers

You can be adamant about the divorce process to be completed by second motion after which you can withdraw the DV case on the same day and also execute the registered transfer deed to transfer the properties to his name. 

There's no obligation on you to comply with his conditions just for the sake of mutual consent divorce alone. 

The DV case will become a problem for him with immigration formalities when he is planning to go abroad,  hence you can retain that hold. 

You don't be taken away by listening to misguiding advises. 

Your decision is final hence don't allow others to dominate you or prevail on you with their hasty decisions. 

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

It is not mandatory to with draw all cases and surrender assets before mutual divorce 

 

2) you can do so before the second motion 

 

3) there should be clause that If he breaches the consent terms he shall be liable to pay you x amount 

 

4) you are not required to surrender the gold .it is your stridhan 

 

5) further you can agree to give up one property only as you need another for your residence .husband should execute gift deed for his 50 per cent share in other property 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

1.  It's not mandatory to withdraw all cases and surrender assets before mutual consent divorce.

2.  If he breaches the MOU drag him to Court.

3.  If you are not convinced about the settlement offered through MOU, reject the offer of mutual consent divorce. Let the cases against him continue.

 

Shashidhar S. Sastry
Advocate, Bangalore
5212 Answers
323 Consultations

5.0 on 5.0

Looks like you are not being advised properly either by the advocates or by your near ones.

Getting divorce at the cost of losing all your assets is suicidal.

Golds are your exclusive property. 

In the properties also yo have equal share.

So first get your dues and then only agree for divorce.

Else pursue your cases vigorously. . 

 

Devajyoti Barman
Advocate, Kolkata
22986 Answers
500 Consultations

5.0 on 5.0

It is not at all mandatory to withdraw criminal cases to obtain MCD. You have every it to prosecute the  cases and send him to jail.

 

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
  4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.

  5. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.

  6. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  7. Under Hindu Minority and Guardianship Act, 1956, mother is natural guardian and custodian of child till it reaches age of five years with visiting rights to father. Thereafter, father  is natural guardian and custodian of child with visiting rights  to mother .
  8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 

 

 

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.

Ravi Shinde
Advocate, Hyderabad
4087 Answers
42 Consultations

5.0 on 5.0

Don`t leave anything.  All are trying making fool of you. If you have medical reports, just file an FIR, that much pressure you will create, they will bound to your conditions. 

FIR can be closed later on also. Let them beg as much they what, be steady and go to stream otherwise this way , mutual divorce may happen but at your loss.  


MOU has no value in Hindu Marriages. 

Yogendra Singh Rajawat
Advocate, Jaipur
22780 Answers
31 Consultations

4.4 on 5.0

Don't be in haste to withdraw cases as it may affect your and children's interest. The mutual consent can happen only if both sides agree to equally share their obligations. In this case, the husband has to pay maintenance either lump sum or on monthly basis to wife and childrens. Similarly, wife can withdraw criminal and other cases lodged against husband and his family. The mutual consent has to be comprehensive and address the rights, liabilities and obligations of the parties including childrens welfare.

G.Rajaganapathy

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2152 Answers
8 Consultations

4.9 on 5.0

- Mutual divorce has nothing to do with the other cases , and hence you can continue cases even after getting mutual divorce. 

- However, if you will admit to surrender all the properties and withdrawal of the case before the Court by way of MOU then you cannot continue the cases , and you will have to withdraw before passing decree of divorce. 

- The advises given to you by your family member & others are not favorable to you , and you are not bound to comply the same 

- You should not withdraw the cases filed by you , and even refused for mutual divorce 

- If you want divorce then you can file a contested divorce case on the ground of cruelty against him

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

Dear Client,

This basically means that the parties do not have to retire all cases and incur the expenses of depositing assets before approaching the courts for a mutual consent divorce. The procedure for filing a mutual consent divorce usually entails completing a petition where both spouses agree on aspects such as property division and child issues, including custody, among others. It should be filed alongside the divorce cases or soon afterward, especially when a mutual consent divorce has been tendered on the first occasion, to make sure that both parties respect the agreed-upon timelines.

In a mutual consent divorce, if you give up property and dismiss claims prior to the process being completed, he may infringe on the MOU. To be safe from this, you should ensure the MOU is very specific, professionally written and/or advised, and then signed. It should also incorporate clauses that safeguard you, as provided below. For instance, you can provide that the transfer of assets and the withdrawal of the cases will only be to them after the first motion is granted, provided that all the actions are done simultaneously and in a legally documented way. 

Anik Miu
Advocate, Bangalore
9402 Answers
112 Consultations

4.9 on 5.0

If he breaches it before court order them mutual consent ends otherwise it will be contempt of court if he beaches it after court order

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer