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Legal Validity Of Mou In Future
14-Feb-2023 (In Family Law)
If any mou is signed on which it is written that dowry neither taken nor demanded can it debbared to file cases again in future if dispute arises again
Hello, any MOU in matrimonial dispute matters are invalid and illegal. You have to obtain decree in form of consent and terms in which wife has to declare and waive off her right of maintenance in all legal remedies available for her. Unless and until you do this she cannot waive off her right
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Adv. Harshad Garud
Adv. Harshad Garud
Pune | 400+ Answers
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No. MOU cannot debar legal proceedings though it can be used as a proof that no dowry was taken. Moreover, allegations of demand made after MOU can also be levelled apart from allegations of mental and physical cruelty.
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Adv. Naresh Madan
Adv. Naresh Madan
Faridabad | 25+ Answers
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yes certainly it is a bar to file the case in future. the mou can be cancelled and fresh mou can be drafted and placed. the mutual shall be filled based on the new MoU. is there was difference then stop the mutual divorce
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Adv. Murali Krishnan Sanjeevi
Adv. Murali Krishnan Sanjeevi
Chennai | 700+ Answers
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Dear Client
Prima facie, an MOU cannot estop any case to be filed. However, such an MOU entered between the same parties to a suit may be used in your defence to get the FIR if any quashed before the High court having appropriate territorial jurisdiction.
feel free to get in touch in case of any further discussions.
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Adv. Abhinav Sharma
Adv. Abhinav Sharma
Delhi | 700+ Answers
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Sir, the said MOU would bar litigation up until the point and day it was signed.
It can not cover any future contingency, say you sign the MOU today that no dowry was demanded and given, but you end up asking for dowry the very next day, the MOU will not cover this and this event would attract litigation.
For further consultation feel free to contact me.
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Adv. Rohit Dhankhar
Adv. Rohit Dhankhar
Gurgaon / Gurugram | 25+ Answers
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Well, even if both the parties sign either MOU or give on Affidavit, that, neither Dowry has been taken, nor given, then too, if the party who has given Dowry produces evidence of pressurizing him for Dowry by the other side, then, Court or Police registers a case under the Dowry Prohibition Act and if violence has been done to extract Dowry, then Sec 498A of IPC too can be imposed.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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it varies from the terms and conditions you
accept in the memorandum of
understanding....
it varies from the terms and conditions you
accept in the memorandum of
understanding....
it varies from the terms and conditions you accept in the memorandum of understanding....
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Adv. Anil Kumar Yadav
Adv. Anil Kumar Yadav
Hyderabad | 50+ Answers
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No if he demands dowry then u may file case against him even there is any agreement so no such type of agreement would forbid ur rights against illegal nd prohibited demands by anyone so u may file case anytime through a lawyer
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Adv. Ajay Dhankhar
Adv. Ajay Dhankhar
Chandigarh | 25+ Answers
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yes but make sure that it is drafted in such a way that it can be used.
Mou should be in accordance with the provisions of law and within permissible limits otherwise it will not be enforceable and will be of no use. so draft the MOU accordingly.
thanks
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Adv. Pawandeep Kalyana
Adv. Pawandeep Kalyana
Karnal | 25+ Answers
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dear, it is a best way to show that the person had not given any dowry to the family members of the husband family, also she is not barred from filing the cases against the husband, but you can take the benefits that the wife had not given any type of dowry and nor demanded as she clearly signed it.
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Adv. Vaibhav Jain
Adv. Vaibhav Jain
Ghaziabad | 25+ Answers
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Yes, an acknowledgment or MOU can certainly be of help in future if the situation warrants. However, do ensure that all facts and necessary legal requirements are incorporated so that the document meets the desired purpose. If you need any help with drafting of MOU then feel free to contact us.
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Adv. Siddharth Tatiya
Adv. Siddharth Tatiya
Jodhpur | 25+ Answers
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The MoU prepared will have it's own validity and important in future. once it is written and signed as well as notarized then contents will be considered. You cannot prevent the other person from filing case but In future if any issue arises you can take the defense and show the contents of MoU and you can have the benefit in the case if filed.
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Adv. Juhi Qureshi
Adv. Juhi Qureshi
Pune | 200+ Answers
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hello sir according to your query both parties are ready and you can create mou but the mou validity is not perfect to valid but you can go to the Rajasthan High Court in 482 petition please contact me immediately
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Adv. Kunal Sharma
Adv. Kunal Sharma
Jaipur | 400+ Answers
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