Issue wife legal notice to comply with consent terms filed in divorce petition 

if she refuses to do so take our contempt of court proceedings against her 

You can file an execution petition to execute the terms mentioned in the MOU provided the same is a part of the divorce decree.

You can consider cancelling the transfer of property to her name by filing a suit for cancellation of the deed for breach of terms of MOU.

You discuss with your advocate and proceed.

Dear Client,

You should file an application before the Family Court that passed the mutual‑divorce order, seeking enforcement of the MOU (which is a court‑recorded settlement) and a direction that your ex‑wife stop denying you joint custody and visitation. Courts treat the welfare of the child as paramount, but they will not allow a parent to weaponize visitation to extract money if the settlement already provides for custody/visitation and she has no independent ground. If she continues to deny visitation, you can seek a specific visitation order (days/times, place, handover mechanism), an order that she be warned of contempt for flouting the court‑recorded settlement, and if necessary, an application under Section 26 of the Hindu Marriage Act (interim custody/visitation) or under the Guardians and Wards Act, 1890.

Since the MOU clearly states she waives maintenance and you have fulfilled your obligation by transferring a substantial 4‑floor commercial property (₹3 lakh/month rent), her fresh demand for maintenance is a breach of the settlement and can be strongly resisted. If the MOU was recorded by the court as part of the consent order, you can file a contempt application or an application for enforcement of the settlement seeking: enforcement of the waiver clause, a direction that she cannot demand further maintenance, and costs/penalty for flouting the court order. In short, do not pay her maintenance unilaterally; instead, file in the Family Court to enforce the MOU, restore your visitation, and record that maintenance is settled, and if she continues to deny the children, seek contempt/penalty and stronger visitation directions in the child’s best interest.

I hope this helps and if you have any further issues do not hesitate to contact us.

- As per law, Divorce by mutual consent is final and binding, and thus cannot be challenged in any Court by either of the parties.

- The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot breach the agreement and decisions.

- Hence, before the mutual divorce decree, both parties will withdraw their case, and quash the FIR . 

- Therefore, the Decree granted under the mutual consent, and based agreement is final & unchallengeable by your wife, 

- Hence, if the decree of divorce already passed then she cannot go against the terms of the MOU which was singed at time of divorce , and Court passed order after taking it in record. 

- You can file a contempt petition against her 

You can approach court if she is breaching the same

Approach the concerned court for breach of contract

File a child custody case before the family court along with the copy of MOU and also fight the maintenance case as she earned approximate amount of Rs. 3 lacs per month as you informed here. she will not get any maintenance for herself but if the maintenance is claimed for the children and they are minor then you will have to pay.

If the mutual divorce has already been granted by the court and the Memorandum of Understanding (MOU) formed part of the settlement placed before the court, then the terms of the settlement are not merely contractual but acquire considerable legal sanctity, particularly where one party has already performed their obligations under the settlement. From your facts, it appears that you have already transferred your ownership rights in a valuable commercial property generating rental income of approximately ₹3 lakhs per month in favour of your ex-wife as part of the overall settlement. If the MOU specifically records that she accepted the settlement in full and final satisfaction of all her claims and waived any future claim for maintenance, that fact will be a strong defence against any subsequent maintenance claim by her.

However, there is an important distinction in law between maintenance of the wife and maintenance of the children. While a divorced spouse may agree to waive her own maintenance rights as part of a lawful settlement, courts generally take the view that a parent cannot permanently waive the independent right of a minor child to seek maintenance. Therefore, even if the MOU bars future claims by your ex-wife personally, the children's rights may still be examined independently by the court depending upon the exact wording of the settlement and the financial arrangements made for them.

As regards denial of access to the children, your ex-wife cannot ordinarily make visitation or custody rights conditional upon payment of maintenance if the MOU and divorce decree provide for joint custody, visitation, or shared parenting arrangements. Custody and maintenance are legally distinct issues. If the settlement grants you visitation or joint custody rights and she is refusing access despite the terms of the settlement, you may move the same Family Court which granted the divorce seeking enforcement of the settlement terms, implementation of visitation rights, and appropriate directions against obstruction of access to the children.

Your immediate course of action should be to obtain certified copies of the divorce decree, the MOU, and all orders passed by the court. The exact language used in the settlement regarding waiver of maintenance, transfer of the commercial property, custody arrangements, and visitation rights will be crucial. If the settlement clearly records that the property transfer was in full and final settlement of all claims, you may issue a legal notice calling upon her to comply with the custody and visitation provisions and withdraw any demands contrary to the settlement. If she persists, appropriate enforcement proceedings can be initiated before the Family Court.

Therefore, before taking any further step, carefully examine whether the maintenance demand is being made for herself or for the children. If it is for herself, the MOU and the property transfer may provide a strong defence. If it is for the children, the position may be different and would require examination of the exact settlement terms. As regards denial of access to the children, you should not acquiesce to such conduct and may seek immediate enforcement of your visitation and custody rights through the Family Court.