Dispute-Eater
Run & Managed by
Ram Yatan Sharma Memorial Trust
Muzaffarpur.
Full Stop No. 01/2025
(Family – Dispute)
Date of Compromise- 19.01.2025
Court Case Details:
Name of the Court: – Principal Judge, Family Court Muzaffarpur, Bihar
Case No. Matrimonial Case No. 26/2025
Name of the Petitioner No. 01: – XXXX Kumar (Husband)
Name of the Petitioner No. 02: – XXXXX Kumari (Wife)
Address of the Husband– Mr. XXXXX Kumar aged about 35 years S/o Mr. XXXX Sharma , #302. XXXXX Apartment 02nd B Main, OMBR Layout, Banaswadi, Bangalore, Karnataka, Pin – 560043, Mob- 96xxxxxxx.
Address of the Wife – Smt. xxxxxx Kumari about 30 years W/o Mr. xxxxx Kumar D/o Shri xxxxxx Kumar Singh a Resident at xxxxxxx, Po – xxxxxx, Ps- Dewaria, District- Muzaffarpur, Pin- 843120, , Bihar Mob- 9xxxxxxxx
The parties are husband and wife. The husband is a software Engineer, and the Wife is a Graduate. Their marriage was solemnized on 28.06.2023 at xxxxxx according to Hindu rites and customs. After some time, the marriage encountered matrimonial disharmony and differences between the parties, resulting in the said dispute. Thereafter, the parties started living separately since 31.12.2023.
That to settle the dispute a comprehensive mediation session, both jointly and separately, was held on 19.01.2025 between the parties and their father and brother namely Shri xxxxx Sharma and Shri xxxxx Kumar respectively on the side of the 01st party and Mr. xxxxx Kumar Singh, the father of the 02nd party at the office of the “Dispute-Eater.” It was determined that separation is the only option to resolve the ongoing dispute permanently. The parties, of their own free will and accord, have voluntarily entered into a final settlement agreement, hereinafter called MOU (Memorandum of Understanding). In this way, the dispute between the parties came to a full stop. A MOU was prepared which is outlined in the following terms and conditions: –
- That the amount of 10,00,000.00 (Ten Lakhs only) has been mutually agreed upon as the full and final settlement for alimony, maintenance, monetary allowance, and any other expenses related to the marriage. The first party agrees to pay the aforementioned amount to the 02nd party exclusively through a banking channel.
- It is agreed that both parties would file a case of mutual divorce before the Family Court in Muzaffarpur. It is agreed between the parties that the 01st Party shall give the said amount in two parts. The first part of 2,00,000.00 (Two Lakhs only) on the date of admission of the case Consent Divorce through cheque bearing No. 009695 Name of the Bank “State Bank of India” and the rest part of Rs. 08,00,000.00 (Eight Lakhs only) will be paid by the 01st Party to the 02nd Party only by “Demand Draft/Cheque” will be deposited by the husband before the court at the time of evidence and the said Cheque/DD would be received by the wife at the time of judgement of the case of Consent Divorce.
- That both parties mutually agree that all property, assets, or belongings currently in either party’s possession shall remain with the respective individual. This includes tangible and intangible property, such as personal effects, financial assets, movable or immovable assets, and other items. Both parties consent that no claims will be made on these assets now or in the future, ensuring no disputes arise post-agreement. This provision is binding and irrevocable, securing each party’s possession of their respective property.
- That it has been mutually agreed that both parties will file a petition for mutual divorce in the Family Court of Muzaffarpur. This decision reflects their desire to amicably end their marriage, acknowledging that this is the most appropriate and beneficial course of action for both individuals. By choosing the option of mutual divorce, their aim is to ensure a streamlined and cooperative legal process, which will help resolve potential disputes and facilitate a respectful separation.
- That both the parties agreed that there is no any legal dispute pending in any court of India or abroad. If any case is found the same shall be treated as null and void and will not have sanctity before the eye of the law.
- That both parties agree that they will not interfere in each other’s personal or professional lives following the execution of this Memorandum of Understanding (MOU). This commitment includes refraining from any actions or communications that could disrupt or intrude upon the other party’s personal relationships, work activities, or professional engagements. By signing this MOU, both parties acknowledge and respect each other’s boundaries and autonomy, ensuring a mutually respectful and harmonious relationship moving forward.
- That both parties are bound by this Memorandum of Understanding (MOU) to cooperate and work towards achieving a mutual separation as promptly as possible. Each party agrees to appear before the court to facilitate the resolution of the Mutual Divorce Case, without fail and at their own expense. This cooperation aims to ensure a smooth and efficient legal process for both parties involved.
- That both parties agree to cooperate with one another regarding the resolution of the case. This includes providing necessary documentation, attending hearings, and communicating effectively to ensure a smooth and efficient process for disposing of the matter at hand.
- That in the light of the settlement reached, the parties agree not to claim any amount of alimony pendente lite, any alleged arrears, or similar claims. Furthermore, the parties will not seek any alimony or maintenance from each other in the future. Any subsequent claims or demands for alimony or maintenance by the parties will be considered void.
- That both parties have no objection if the court dissolves their existing marriage, which was solemnized on 28.06.2023 in Muzaffarpur according to Hindu rites and customs.
- Furthermore, both parties permanently waive any rights to claim alimony, maintenance, or any claims related to movable or immovable property, including Stridhan, against each other and their respective families after the execution of this MOU.
- That it is agreed by both parties that after the present consent terms, the parties shall not claim from each other or their respective families, any kind of compensation in any manner or any right in movable or immovable property or inheritance property thereof.
- That both parties also agree that they or their family members shall not file any civil, criminal or any kind of complaints or cases against each other and their respective family members in the future.
- That both parties shall have no right to interfere in each other’s personal or professional life after the execution of the present consent terms. Both parties undertake that they shall not post any defamatory posts on social media during the pendency of the proceeding and after a Decree of Divorce.
- That the present consent terms represent the entire agreement between the parties in respect of the matter at hand and shall supersede all prior negotiations between the parties and shall be merged into the consent terms.
- That it is agreed that the parties shall accept the above-mentioned Clauses no other exchanges are pending between them.
- That both parties hereby declare that they have obtained independent legal advice and are executing these consent terms of their own free will. By entering into the agreement, the parties represent that they have relied upon the legal advice of their lawyer that the terms of this agreement have been completely read and explained to both the parties and by their lawyer and that those terms are fully understood and voluntarily accepted by both the parties.
- That both the parties state that the present agreement constitutes the full and final settlement between the parties. The parties undertake that no further claims or demands, of any nature whatsoever, will be raised by either of them against each other in the future, even under changed circumstances. Further, save and except that whatever is mentioned here-in-above, the parties shall have no claim of any nature whatsoever against each other.
- That the parties herein hereby covenant with each other that they shall comply with and accept the said agreement in toto.
- That the terms of the present agreement constitute one composite whole and none of the parts is severable from each other.
- That the agreement is prepared in three original copies, two for the parties and one is kept in the office of the “Dispute-Eater” for future reference if any.
- That both the parties have given the consent of their own free will and without any fraud or undue influence upon them.Signature of Dispute-Eater
19.01.2025
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