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Pre-Litigation mediation settlement validity


09-Jan-2024 (In Divorce Law)
My wife has file for a pre-litigation mediation in Delhi high court even though we last live together in Bangalore. We are going into a MOU where I will be relinquishing my share in the house to her even before the petition is filed in court. Is this advisable? Their council is not ready to link divorce with property. Can she later withdraw from divorce or not even file the petition? What are my remedies if such a thing happens? Does the MOU hold valid and can she still file any cases against me
Answers (3)

Answer #1
859 votes
Pre litigation meditation is generally work to take decision by both party to come on the solution of problem and decide the terms and conditions for separation or conciliation to come on conclusion. But any of terms and conditions should be formally drafted and any of action should be taken as per the court before the mediator referred through court only. Always take precautions as advised. You can file MCD In bangalore it will be better for you.
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Advocate Babita

Adv. Babita

LawRato Bangalore / Bengaluru | 200+ Answers
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Answer #2
830 votes
Once you sign any paper (like MoU ) in pre-litigation mediation it becomes valid and you cannot later link it to Divorce matter. So, I advice you to file a divorce case in Bangalore, and ignore that matter in Delhi
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
726 votes
Dear Sir, It is not wise to relinquish your share in the house in favour of your wife before Divorce as advocates are more interested to safeguard the interest of their clients that is your wife. You may relinquish only if she agrees for mutual divorce. Wife is not entitled for any share in your properties except a small amount of alimony.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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