Inform the court that full payment has been made
enclose copy of DD and acknowledgment of receipt signed by wife
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Settlement rejection
I have paid full and final settlement amount in the form of DD what she agreed for and both parties signed the MOU. On the court date she appeared and said to judge settlement not done. please advice how do i proceed further on this kind of case. Thanks
Asked 12 months ago in Family Law
Religion: Hindu
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9 Answers
You can show that to the court if she doesn’t agree for settlement then she has to return the money
- If she has received the full and final amount as per the MOU signed by her , then she cannot backtrack from the same before the Court on mutual consent divorce.
- You can produce the copy of the DD with the MOU.
- Further, if Court not allow , then file a recovery suit before the same Court for getting refund of the amount.
you had committed mistake in paying at the time of MOU. You should have to pay in stages like at the time of recoding of statement for divorce, withdrawal complaint etc. You seem not to have been properly advised. You can claim back your paid amount and can withdraw settlement.
If the opposing party rejects a settlement after signing an MOU and receiving the agreed amount, here's how you can proceed:
Dear Client,
In your case, as you have paid the full and final settlement amount by DD and both parties have signed the MOU, the other party's claim of not having done the settlement is contradictory to the agreement. You should immediately present the MOU and proof of payment details, i.e., DD as evidence to the court. You must emphasize that the settlement terms were mutually agreed and were duly signed. If the other party argues this in bad faith, then you can appeal to the court to implement the conditions of the MOU as it is valid law. Furthermore, you may seek legal advice with a lawyer on filing an application for contempt of court in case of statements by the other party that compromise the integrity of the agreement and proceedings.
Hope that this helps you to solve your problem.
MOU is only a prelude to contract, any party to MOU can turn back. Every matrimonial dispute is to be decided by family Court, any agreement between wife and husband without approval of Court is not valid. Your option is approach family Court at purani haveli, Hyderabad to seek relief you want.
You can produce the photocopy of the DD handed over to her towards settlement as well as a copy of the MOU, if she is not willing to go for settlement disposal, then you can ask her to return the amount and continue the case as a contested one.
It's nothing but playing fraud on the court also. Report that to the court and take appropriate legal action for breach of trust. If she hasn't claimed the DD amounts yet, instruct the banker to stop the payment and inform the court about your steps. Her conduct will be considered while proceeding with the case.
You may contest the cases and demand the money back if she already withdrawn the amounts.
