MEMORANDUM OF UNDERSTANDING / SETTLEMENT DEED

This Memorandum of Understanding/Settlement Deed is executed at Delhi on this …..^th day of ____ __ between _____W/o Sh. _____D/o _____R/o _______hereinafter called the first party/wife).

 AND

        _____S/o _____R/O______ (hereinafter called the second party/husband).

  WHEREAS both the parties are husband and wife and their marriage was solemnized on _____ as per Hindu Rites and Ceremonies at ______and there is no child born out of the said wedlock.

WHEREAS both the parties have realized that there is a total lack of compatibility between them and it is very difficult for them to live together as husband and wife due to temperamental incompatibilities and personal irreconcilable differences between them. The differences between the First party and Second party could not be reconciled despite the best efforts of the both the parties, relatives and their well-wishers and despite giving sufficient time and trying all means.

WHEREAS the First Parties initiated the litigations against each other, which are as follows:-

i.             The First Party had got an FIR No. ______against the Second Party and his family members,

WHEREAS with the intervention of elders, common friends, and relatives, both parties with their mutual understanding have decided to resolve all their issues amicably with a view to bring about peace and harmony in their lives and to ensure a better future for the parties so that they as well as all other family members may live peacefully in future.

Accordingly they have entered into this MOU/Settlement Deed by abiding all its terms and conditions as mentioned herein under:-

NOW   THIS   MOU/    SETTLEMENT   DEED             WITNESSTH   AS UNDER :-

a)      That after this settlement that parties will file a case of mutual divorce within 15 days.

b)     That the Second Party will be paying a sum of Rs_____to the First Party towards full and final settlement of all her claims.

c)      That the Second Party has returned all the jewelry articles and belongings of the First Party to the satisfaction of the First Party and no article/belonging is remaining with the Second Party or his family members now.

d)     That it has been agreed that the parties shall apply for divorce by filing a joint petition for divorce by mutual consent under Section 13-B (1) and (2) of the Hindu Marriage Act, to be filed before the Family Court_____. The first motion under Section 13B (1) of HMA shall be filed within 15 days of the present Settlement and the second motion under Section 13B (2) of HMA shall be filed within 15 days of the order allowing the first motion. Both the parties shall co-operate in this regard with each other and will provide necessary documents and sign the petition and required affidavits, etc.

e)      That the First Party shall have no objection for quashing of the FIR No. ______and will provide an affidavit on 'No-objection' in this regard and shall co- operate with the Second Party in quashing proceedings to be filed by Second Party before the Hon'ble High Court of Delhi, after the divorce is granted.

f)       That the parties undertake not to file any complaint against each other or their family members in future. Parties also undertake that there is no other case filed by them against each other or their family members and if later it is found that there is some other case lodged by any of the parties/ their family members against each other, the same shall also be withdrawn/ got quashed by virtue of the present settlement deed.

g)     There remains no claim of any nature whatsoever for and against either of the parties towards each other or their family members or friends and all the matters, issues or disputes arising out of the matrimonial relationship and all transactions between the parties shall stand settled fully and finally.

h)       That it is further agreed between the parties that in pursuance to this settlement, First Party/Wife (shall not claim/demand anything from her husband in future. It is also agreed by the parties that in pursuance to this settlement, they will not file any civil/criminal case pertaining to their marriage and/or with regard to movable or immovable property / properties.

i)       That after the divorce/dissolution of marriage both parties shall be at liberty to marry as per their choice, that it is also agreed between the parties that both the parties will not interfere in their life in any manner and will live peacefully.

j)       That the parties have agreed on each and every terms as recorded in the settlement after carefully reading and understanding and appreciating the contents scope and effect thereof.

k)     That the above settlement between the parties has been arrived into this Deed out of their free will, volition and consent and without any force, pressure, undue influence, coercion or mistake, misrepresentation (both law and facts) from any quarters whatsoever and the parties have signed the present settlement after being explained the content of the settlement in vernacular.

IN WITNESS THEREOF, the parties have put their respective signatures on this Deed of MOU/Settlement in the presence of the following witnesses:-

Witnesses

First Party/Wife

1.

                                                                                                                     Second Party/Husband

2.