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Does MOU Offers 100% Protection From False Cases/Police Cases?
25-Sep-2023 (In Domestic Violence Law)
Wife filed false dv case and i filed counter case due to which she wants to close both cases and now wants MOU to be signed. I would like to know what protection does MOU offer to husband and his family from such fake case/police case. The judge knows the dv case is almost false and persuaded wife to agree for MOU and start living. However, I had many apprehensions as she filed a false case and it lead to my mental harassment and lot of money got spent in defending cases and filing counter case. Based on evidences, I have almost 95% evidences to prove in court that she lied on multiple cases and keep fighting the dv case for 4 to 5 or maybe 8 years.On the other hand Judge and mediation wants both parties to settle amicably and start living after MOU. My questions: 1.Does families get restored and live happily after this MOU is signed?2. Does it offer 100% protection from any such fake cases/police case.3) What points should I definitely include in MOU if we agree. Kindly suggest.
Living with the spouse is your own decision ! Therefore u must give many thoughts for the same! Going for mediation & settlement is a good option but that won’t take rights of any party not to file true case in future !
You must hire an expert advocate to draft your MOU/Settlement deed ! Plz b in touch
You must hire an expert advocate to draft your MOU/Settlement deed ! Plz b in touch
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Adv. D. Khan
Delhi | 500+ Answers
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there is not any kind of MOU which can protect ones benefits only in case of mutual divorce it can help .in mutual divorce only u can put some condition which will help u for safeguarding the first motion and second motion
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Adv. Raj Kumar Solanki
Delhi | 25+ Answers
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Restitution of family is solely between the parties, MOU helps in sorting out old issues and to end all the litigations till the day the MOU is being executed. However, it wont help in the case of future controversies like FIR etc., whereas, if any property has been determined in accordance with the MOU then that MoU will have an effect.
Except determination of your child rights, you can mention Terms in MOU related to withdrawal of cases if any, quashing of FIR if any, to live peacefully, not to lodge false case(however that will not help you if in future any case has been filed)
Except determination of your child rights, you can mention Terms in MOU related to withdrawal of cases if any, quashing of FIR if any, to live peacefully, not to lodge false case(however that will not help you if in future any case has been filed)
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Adv. Manisha Chauhan
Delhi | 25+ 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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