MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made at Delhi on this 11th day of September 2018.
Mrs. xxx (hereinafter called the first party)
Mr. xxx (hereinafter called the second party)
Whereas the marriage between the first party and the second party was solemnised according to Christian rites and ceremonies on 28/05/2001 at Delhi. After the marriage the parties lived together as husband and wife at Delhi for brief period and second party left to U.S.A for work and they led happy marital life for five years. During their wed lock they were blessed with one son by name sssssss on 08/05/2003 and Daughter by name rrrrrrrrr on 14/10/2005.
And Whereas second party was employed in the United states of America and living alone parties couldn’t enjoy their married life happily and now the parties are living separately from 01/10/2015. The marriage between the parties has irretrievably broken down and its difficult to lead healthy conjugal life. So both the parties have decided to annul the marriage by mutual consent and this memorandum of understanding is executed between the first and second party.
THIS MEMODANDUM OF UNDERSTANDING AS FOLLOWS
1) Mutual Consent Divorce was agreed by both Parties.
2)That the second party will pay a sum of Rs. 25,00,000/- (Twenty Five Lakhs only) to the first party in the form of Fixed Deposit towards final settlement to first Party and Children.
3) In the year 2012 Second Party purchased 25 cents Plot in the name of first Party which is worth around Rs. 25,00,000/- (Twenty Five Lakhs only) as per current market rate, same will be in first party name and said property papers will be handed over to first party at the time of recording of first motion statement before the court.
4) That after the expiry of the mandatory period of 6 months the parties shall file the second motion of their divorce petition and the second party shall pay the balance and final amount of Rs. 25 Lakhs to the first by way of Fixed Deposit at the time of recording of second motion statement before the court.
5) The First party and Second party agreed to file the Mutual consent Divorce Petition before the Hon’ble Judge Family court at Delhi within one month of this MoU.
6) First Party agreed to handover Children to the custody of Second party on condition that, she will have unrestricted visitation anytime and if Childrens are taken abroad Second party should provide Visa for the same.
7) It is agreed that after the execution of the terms and conditions stated above there shall be no claim left between the parties against each other in any manner whatsoever. The first party shall not raise any claim or right over the properties immovable or movable of the second party or his parents and relatives in future. She shall not file any other criminal or other complaint against the second party or his family members within the jurisdiction in India, or abroad.
8) That it is further agreed between both the parties that they would not have any communication or contact with each other, with each other’s friends, family members or relatives. They shall not create any situation which may defame or lower the reputation of the parties or their family members in the society. It is further agreed that they shall not enter at each other’s workplaces as well.
Both the parties have executed this MoU by mutual consent and without any force, coercion, misrepresentation, pressure from any corner and after going through and understanding the contents of the same.
In Witness Whereof, the parties have signed this MoU on the day, month and year first above written in the presence of the following witnesses:–
Mrs.xxxx (First party)
Mr.xxxxx (Second party)