LawRato

Terms and conditions of MOU in Mutual Divorce petation


31-Jul-2023 (In Divorce Law)
Can in my Mutual Divorce put in a condition in our MOU that , with both parties consent, if either of the party backs out or does not turn up in first or second motion date, he or she will have to pay as penalty to the other party Rs.Five lac under Breach clause. Can court object to it.
Answers (5)


LawRato

Answer #1
876 votes
Yes...you can always write down this clause in your settlement deed as it will be beneficial for you in case your partner didn't turn up on time. In mutual divorce everything is done mutually by the parties. Court interference is very limited in these types of divorce. For more legal assistance I am just a call away.
Helpful? LawRato LawRato
Advocate Jitender Singh

Adv. Jitender Singh

LawRato Delhi | 1000+ Answers
Chat with Advocate Jitender Singh Chat 
Answer #2
705 votes
You cannot put such clause but the person will be liable for contempt of court and other legal proceedings. You can put the same clause in some turned around manner. For further query let me know and we can resolve this further.
Helpful? LawRato LawRato
Advocate Sakshi Garg

Adv. Sakshi Garg

LawRatoDelhi | 25+ Answers
Chat with Advocate Sakshi Garg Chat 
Answer #3
967 votes
hello sir yes it is a m o u between two parties in which you can have terms and conditions that suits you of course at times a parties breach of the mou please feel free to recharge for a better discussion thank you
Helpful? LawRato LawRato
Advocate Preeti Manderna

Adv. Preeti Manderna

LawRatoChandigarh | 100+ Answers
Chat with Advocate Preeti Manderna Chat 
Answer #4
895 votes
Including a penalty clause in an MOU is possible, but its enforceability might be subject to legal scrutiny. The Indian legal system does not recognize penalty clauses in agreements where the main purpose is to settle matrimonial matters. Courts may be reluctant to enforce penalty clauses in MOUs related to divorce, as they are generally considered to be sensitive and personal in nature.
Helpful? LawRato LawRato
Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
Chat with Advocate Kunal Seth Chat 
Answer #5
608 votes
Of course, you may put in that condition in the MOU or settlement deed, but most importantly you must give the reference of the case of Rajat v. Roopali, which also provides for contempt of court in case of breach of any term or condition of the settlement deed. For further legal assistance, you may consult me.
Helpful? LawRato LawRato
Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
Chat with Advocate Puneet Srivastava Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato