Memorandum of Understanding for MCD
This Deed of Memorandum of Understanding has been made and executed on this __th day of __________, 2017 Between __________ (name and address), hereinafter called the party of the first part and shall include all her representative and all other persons who claim through her. AND Between Mr. __________ (name and address), hereinafter called the party of the second part and shall include all his representatives and all other persons who claim through him. That whereas aforesaid both the parties were married as per Hindu rites, rituals and ceremonies at _____________ on ________ and both the parties to the agreement started residing as legally husband-wife and the marriage was consummated. That out of the wedlock a Boy child named ___________ was born on _________ who is currently living with the party of the first part. That the parties are living separately since __________ due to temperamental differences and no more willingness of parties to reside and cohabitate together anymore. That there is no possibility or probability of the parties to the agreement to live together as husband and wife in future and thus they have mutually agreed that the marriage be dissolved. Both the parties have amicably settled all their disputes and both parties with a sound mind and under no fear, fraud, influence, coercion or under any force or compulsion have mutually agreed to end this matrimonial relation on terms and conditions hereinafter mentioned:- 1- That it has been mutually agreed that both the parties are hereby applying before Family Court, ___________ for a decree of dissolution of marriage by mutual consent u/s. 13B, Hindu Marriage Act. 2- That the parties shall assist each other in prudently pursuing the petition for dissolution for marriage by mutual consent and shall appear in the concerned court as and when necessary and required to record a necessary statement as per law in getting the decree of divorce by mutual consent. 3- That both the parties have agreed that after the first motion of the petition u/s 13B of HMA, all the cases listed below: a. FIled by the party of the first part: i. ii. iii. b. Filed by the party of the second part: i. ii. iii. shall be withdrawn before the second motion of the aforesaid divorce petition. They shall not file any case, petition, report or application against each other or against any of the relatives in future in the capacity of husband-wife. 4- That it has been mutually agreed between the parties that party of the first part has wilfully relinquished her claim of past, present and future maintenance, alimony, stridhan, gift and compensation against the party of the second part and she will not file or claim any amount of money in future under any of the existing act or notwithstanding contained in any future law. The relinquishment of the claim is for the lifetime of the party of the first part. 5- As mutually decided by the parties child _________ will live with the party of the second part who is the father of the child. He is a capable man who is capable enough to maintain the child. The Party of the second part who is the mother of the child _________ is agreed with that condition and the party of the second part will not claim anything about the child in future. 6- That both the parties shall make no further claim/right against any movable or immovable property of each other party or their family members. 7- That there is no dispute remains between parties regarding the gift, ornament or other utensils or any stridhan of party of the first part and anything of party of second part all dues are settled mutually by both the parties. 8- That any other complaint/cases filed by both the parties against each other and their family members shall be treated as withdrawn/closed from the date of this MOU. 9- That the terms and conditions mentioned herewith are binding to the parties in the event of any change in the law in future and both the parties shall act within the boundaries of these conditions. 10- That this compromise/MOU is being executed voluntarily and with mutual consent without any fear, pressure, force, fraud, under influence, coercion in the presence of members of the family/relatives. 11- That only two sets of present MOU are being prepared in original for being kept by each part separately. 12- That if any of the above parties back out from this MOU then the other party has a legal right to enforce this MOU through processes of law. 13- This deed of Compromise was executed by the parties on this ____ day of _______, 2017 in the presence of the following witnesses. WITNESSES FIRST PARTY 1. 2. SECOND PARTY