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What is the importance of notarized memorandum Of understanding ?
28-Nov-2023 (In Documentation Law)
Both are Hindu Brahmins with 2nd marriage now through registration of marriage by registrar officer at client's address only in presence of few close relatives only but absence of saptapadi .Now want to dissolve the marraige through mutual consent asap thus filing under Special Marriage Act,1954 . and Importance and legal consideration of Memorandum of understanding on Rs 500 stamp paper or more if required or not and goes that really has any relevancy in documentation during filing a plaint subsequently after a minimum period or requirements of law and regulations.
though not very clear on your question,I will try to answer it.If they want to dissolve their marriage,filing of mutual consent divorse petition is the only remedy,available for them.MOU on 500rs. stamp paper is not at all fisible and of no use.
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Adv. Shubhangi Bawse
Nagpur | 25+ Answers
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As per Section 28 of the Special Marriage Act, 1954. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage. They must not be performing marital obligations – physical separation is not a criteria. The marriage must be beyond reconciliation, and presenting a petition for divorce together does not indicate amicability. Consent, however, must be free. If after 6 months the petition is not withdrawn, the parties may move the court within 18 months, after which the Court may grant the divorce But if you want to take MOU from them mentioned all details that she did't entitle to any interest on whatsoever nature in the property, withdraw cases if she was filed etc , verify the final MOU draft to your lawyer.
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Adv. Ashish Kachave
Pune | 25+ Answers
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MOU is just an understanding and does not create any legal relevance unless the parties to the MOU have acted upon. But still in case of marriage it is always advisable to dissolve the marriage by following due process of law and get a divorced. As it will be riskier affair and also unless you get legally divorce you will not be allowed to re-marry and there can also increase the possibility of complications.
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Adv. Bankim Mehta
Mumbai | 200+ Answers
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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.
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