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
Breaching the terms of MOU after a mutual divorce
My ex wife and me were orderd fir a mutual divorce with a MOU that was attached to the case. The final order copy i havent received. In the MOU she has clearly accepted for waiving of maintenance. I have transferred my ownership of a joint property to her a commercial oroperty of 4 floors with a rent of 3 lakhs. Now she is asking for maintenance and not allowing to see my kids until i give maintenance. The MOU also states its joint custody. What should be my course of action
Asked 17 hours ago in Family Law
Religion: Hindu
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3 Answers
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.
