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Legal advice required on breach of Mutual divorce MOU


12-Aug-2023 (In Family Law)
Husband and wife filed Mutual divorce in Feb 2019.MOU has been made and first motion statements has been recorded in front of Court There were no criminal cases like 498 a and DV before filling mutual divorce.In MOU it clearly mention that husband and wife are staying seperate from each other since Aug 2017 complete alimony has been given during first motion .MOU also clearly states that husband and wife will not file any cases in future .But wife did not appear in court for second motion and MCD got dismissed after 18 months.Now wife has filed false cases of 498a,sec 377 , sec 323 And DV on husband.Expert advice is required on following points 1) Is there any way wife can be dragged into court due to beach of agreement as wife has filed false cases after signing MOU that clearly states there were no cases before first motion and will not file any cases in future 2) What cases can husband put on wife.As wife has filed false cases after signing MOU 3 How husband can safeguard him
Answers (3)


LawRato

Answer #1
664 votes
Respected sir you stated that Husband and wife filed mutual divorce according to the mou and permanent alimony was given at the time recording the statement of fist motion before the court and now wife terun out the mou and file a false cases. now you can file recovery suit and also file a contested divorce Case.
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Advocate Ravindra Kumar Panwar

Adv. Ravindra Kumar Panwar

LawRato Delhi | 200+ Answers
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Answer #2
805 votes
The best solution at this stage is the effective defence in the matters filed against you. Since it has been expressly mentioned in the MOU signed by your wife that you are not living together since 2017. Hence, an effective defence as to MOU in the court will strengthen your defence. Moreover, when you will be discharged from the cases. A counter case of malicious prosecution will be filed against her alongwith the case of defamation.
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

LawRatoDelhi | 700+ Answers
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Answer #3
635 votes
hello sir, I have went through your query. since the divorce has not been completed, she is still your lawful wife and therefore can file a case against you. the MoU stands valid only if the divorce has been completed. since your wife did not take part in second motion your Petition got dismissed.
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Advocate Megha Mary Thomas

Adv. Megha Mary Thomas

LawRatoDelhi | 100+ 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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