Full-Stop No. 14/2020 (Pre-litigation Family Dispute)

Ram Yatan Sharma Memorial Trust
Muzaffarpur
Full-Stop No. 14/2020
(Pre-litigation Family Dispute)

Date: – 31.12.2020
Name of the First Party (Wife):- Doctor XXXXXXXXXXX
Name of the Second Party (Husband): – Doctor XXXXXXXX
Both the parties to the litigation are Doctors

The First Party (wife) arrived at the office of the trust (with her 06 months lovely son) and clearly told the trust that if “I would return with an empty hand from the office, I shall be on the railway track”. The trust called her husband on the phone. The husband came to the office of trust. The husband told his wife “तुमने आज खाना नहीं खाया है, तुम्हारा खाना मैंने गाड़ी में ही देखा है”, वकील साहेब पहले इनको (पत्नी) को कुछ खाना खिलाईए। ट्रस्ट ने पति की बात मानकर पत्नी को कुछ खाना खिलाया। दोनों भविष्य में विवाद नहीं करने को राजी हुए। दोनों के बीच में एक अग्रीमन्ट (सहमति-पत्र) बना जो नीचे वर्णित है।

AGREEMENT

This Agreement is made between the wife, namely XXXXXXXX aged about 33 years W/o Dr. XXXXXXXX A resident at – XXXXXXXXX Bettiah East Champaran Pin- 845438, Presently residing at C/o XXXXXXXXXXX Ps- KMP, District- Muzaffarpur Pin- 842001, hereinafter called and referred to as the First Party.

And

Dr XXXXXXXX aged about 33 years A resident at – XXXXXXXXX East Champaran Pin- 845438, Presently residing at C/o XXXXXXXX, Ps – KMP, District- Muzaffarpur Pin- 842001 hereinafter called and referred to as the Second Party.

Recitals

That the parties to the agreement are doctors, the marriage between them was solemnized on 12.05.2018 according to Hindu reties and custom by completing all the seven steps before the sacred fire popularly known as Saptpadi at Muzaffarpur.
That the parties have a son Namely XXXXXXXXXX was born on 01.07.2020.
That it is most respectfully submitted that from the very inception of the marriage the relationship between the petitioners was not good & Cordial and many occasions the mutual dispute between the two had reached to assault from each side. And on several attempts for a reconciliation of dispute and reunion between the parties was taken place in presence of the parties, their guardians, and the well-wishers but all effort was yielded without any fruitful result.
That to solve the dispute, a meeting before the Trusts office was held today in which the parties were agreed to the terms and condition as stated below: –
That the Second Party must take proper care and attention towards the First Party and his son.
That the happiness of the First Party and their son namely XXXXXXXXX would be the paramount consideration for the Second Party.
That the Second Party must avoid angry reaction towards his wife and son.
That both parties shall respect the feelings of each other.
That the First Party shall avoid phone calling while the second is in his office but it would be the paramount duty of the Second Party to call her back as soon as he became free.
That the second party shall not taunt to the First party in any circumstances.
That the Second party take proper care towards the First-party and his son.
That if the Second party tortures the First party, it will be deemed to be an act provocation of suicide.
That the parties agree that they shall, overall, equally share holidays and vacation time with their children. The parties shall share, approximately equally, each holiday and vacation period.
That the parties agree to give support to each other in their roles as parents and to consider the views of the other for the physical and emotional etc.
That the parties agree that major decisions affecting health, welfare, education, and upbringing shall be made by the discussion and consultation with one another, the only exception to this provision shall be that on an emergency reasonably necessitating immediate attention and decision making.
That neither Party shall thus intentionally do anything that would estrange from the other party or that would intentionally impair the natural development of love and respect of each parent.
That both the parties shall not question on the past incident.
That the Second Party shall give Rs. 10,000.00 per months to the First Party for household expenses.
That both the parties agreed on the point that they will not break any household article in any circumstances.
That both the parties agreed on the point that the Second Party shall not displace the household article that was kept by the First Party.
That the Second party shall do all necessary steps for preparation of marriage certificate.
The parties have of their own volition entered into this Agreement upon nature consideration.
That if the Parties violets and terms and conditions of this agreement, the other party shall have the right to knock to door of the court of competent jurisdiction according to the law of the land either in India or outside India.
That it was also agreed that the agreement is prepared in three original copies. Each of the parties kept one copy and rest copy is being kept in the office of the trust.
That Both the parties agreed and in the sound state of their healthy mind, considering their profit and loss, executed this evidence of agreement without any pressure in favour of each other, on which both the parties had their own by affixing the photograph and attaching a copy of their identity card, he has made his signature on each page of this document, to not cause any conflict in the future. Therefore, this document has been executed so that it remains proof. Both the parties agreed in order to save their relationship and if the relationship between the parties is not restored good it may use at the appropriate time.