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we have entered a MOU to get seperated regarding that i have few questions
cann it be used as a basis for appling divorce
if at all MOU is violated in any case then can we file a case for violating it

2007-09-02 02:22:00 · 5 answers · asked by nadella_sudhakar 1 in Family & Relationships Marriage & Divorce

5 answers

MOU between the couple can only be a used as a piece of evidence for proving that the couple had been living separately for a period of one year (statuary time period) before applying for divorce on mutual consent. That may be asked by the Family court as its their discretion to ask for such evidence but it is not necessary in most of the cases where a mere statement made by both the parties on oath (in the form of affidavit) that they were living separately for more than a year is sufficient to satisfy this legal provision. If there is any violation of this MOU by any one then there is no remedy for this as there can always a change of mind of any one to discontinue such separate living & seek reunion with his or her life partner, its upto the other partner to agree for the reunion or not as he or she can not be forced to take his or her life partner back. In such a case the chances for seeking divorce on mutual consent even after living separately for one year may become difficult as the other partner who had shown interest to end the separate living understanding agreed through such MOU can refuse to sign the joint petition for divorce on mutual consent & even if he or she is by any means forced to sign it can always tell the family court regarding use of force or undue pressure used against him or her to get her signature on such joint petition, resulting in immediate dismissal of such joint petition on this ground itself. Hence to keep the whole situation cool one has to keep patience till the last date when a decree of divorce is passed & even for one month after such date the time period when any appeal or revision is passed against such decree in the higher court. After that whole time period is over do what ever you like till then just chill!

2007-09-02 03:30:09 · answer #1 · answered by vijay m Indian Lawyer 7 · 5 0

You cant end your marriage by entering into agreements. Once you are married as per law, only the law has the power to end your marriage.

You cannot prevent a person from litigating the matter in civil court by making them sign agreements, such agreements are opposed to public policy and are invalid.

Only what is filed in court is legal, what you write at home is not legal. You have no right to file any kind of case based on such "MOU".

2007-09-02 10:11:22 · answer #2 · answered by Pramod R 4 · 0 0

A MOU had no bindings in the Legal Machinery of India when it comes to Family issues!!

You need to be applying for a Divorce ASAP!!

2007-09-02 16:51:36 · answer #3 · answered by Anonymous · 0 0

See a lawyer.

An expert who handles MOU day in and day out.

2007-09-02 11:48:41 · answer #4 · answered by minootoo 7 · 0 0

PLEASE PROOF READ AND USE SPELL CHECK!!!!!!!!!

2007-09-02 09:28:34 · answer #5 · answered by kim t 7 · 0 0

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