IN THE HIGH COURT OF JUDICATURE AT
____________, BENCH AT _______________
AGREEMENT
(Regarding Settlement of Dispute)
IN
PETITION NO.: _____/20__
IN
MEDIATION CASE NO.:____/20__
This Agreement for settlement of dispute is made on this _______ Day of _________(Month), 20__ (Year) between
Shri. _______________(Husband Name), Aged about ________ years, Occupation:- ____________________, Education:- ____________, R/o ______________________________________________________________ ________________________, hereinafter called as PARTY NO. 1
AND
Smt.___________________(Wife Name), Aged about ________ years, Occupation:- ____________________, Education:- ____________, R/o ______________________________________________________________ ________________________, hereinafter called as PARTY NO. 2 The Parties have arrived at amicable settlement on the following terms and conditions as under:
1. That Party No. 1 and Party No. 2 were subjected to Mediation and have mutually agreed to resolve their dispute finally as per the terms and conditions of this settlement.
2. That Party No. 2 has agreed to convert Case No. Petition ______/ 20___ under section ______ of Hindu Marriage Act, 1955 filled by Party No. 2 before the Hon’ble Family Court No. ____, _________ into a Mutual Consent Divorce Petition under section ______ of Hindu Marriage Act, 1955 within three weeks from date of signing this settlement on a mutually agreed date ________ or on the next scheduled date in the Case No. Petition ______/ 20___ before the Hon’ble Family Court No. ____, _________, whichever is earlier.
3. That Party No. 1 has agreed and is ready to pay Rs. _________/- (Rupees _____________ Only) towards one time, full and final settlement in the form of Demand Draft (DD) before the Hon’ble Family Court No. ____, _________ at the time of award of decree of Mutual Consent Divorce.
4. That the Party No. 1 and 2 both have mutually agreed that Master __________________________ Aged ____ Years is the only son of the parties and currently living under forcefully custody of the Party No 2.
5. That the Party No. 1 and 2 both have mutually agreed that the above mentioned amount of one time, full and final settlement shall be split equally for two beneficiaries i.e. Rs. _________/- shall be paid for Party No. 2 and Rs. __________/- shall be paid for Master _________.
6. That the Party No. 1 and 2 both have mutually agreed that the above mentioned amount shall be paid as one time, full and final settlement towards past, present and future maintenance and permanent alimony for lifetime of both Master __________ and Party No. 2.
7. That the Party No. 1 and 2 both have mutually agreed that the Party No. 2 shall submit to the Party No. 1 the slip and bank account statement showing that the above mentioned DD of amount Rs. _________/- of Master ___________ has been deposited as fixed deposit with a Nationalised Bank Account in the name of Master _________________.
8. That the Party No. 1 and 2 both have mutually agreed that the Party No. 2 shall be responsible and accountable to ensure that the interest of this fixed deposit shall be used for expenses to be made on Master ________ only, till he attains majority/ age of 18 years.
9. That the Party No. 1 and 2 both have mutually agreed that the principal fixed deposit amount and the accumulated interest (if any) which remains when Master __________ attains majority/ age of 18 years, shall be withdrawn only by him as a major and shall be used for future development and welfare of Master __________ only.
10. That apart from above, the Party No. 2 has agreed that all the Streedhan (Golden & Silver Jewelry), is already taken away by Party No. 2 and is in her own possession and that nothing is with Party No. 1.
11. That the Party No. 2 has agreed that before receiving the settlement DD she shall return to Party No. 1, the ______________ Golden jewelry weighing _______ gram which was given to Party No. 2 only for keeping it in safe custody, but Party No. 2 has taken away the same without the permission of Party No. 1.
12. That the Party No. 2 has agreed that Car ________ (Manufacturer), _____________(Registration No.) which is in the name of Party No. 2, she has intentionally left at ______ and that in whatever condition it is, it shall be taken away by Party No. 2 at her own expenses and arrangements following the laws and regulations of the motor vehicle act/ department, after award of decree of mutual consent divorce, in a peaceful manner without raising any further conflict with Party No. 1 and his family at _______.
13. That the Party No. 1 and 2 both agreed that all the above exchange of articles/ settlement amount/ permanent alimony will take place only and only at the time of award of decree of mutual consent divorce at Family Court No. ____, _________.
14. That it is mutually agreed and understood between the parties that the child Master ________ (___ Years) is under forceful custody of the Party No. 2 and that the father Party No. 1 has filed a case no. Petition ____/ 20___ at Hon’ble Family Court No. ____, _________. That both the parties have mutually agreed to have Shared Parenting and Joint Custody of the child according to Annexure No. ___ i.e. Proposed Shared Parenting And Joint Custody Plan prepared as per Child Custody Guidelines approved by the Hon’ble Bombay High Court.
15. That it is mutually agreed between the parties that the Party No. 1 and 2 both will equally contribute towards the payment of health insurance policy premium for Master _________ till the age of 18 years and thereafter Master _________ shall himself be responsible for purchasing of his own health insurance policy.
16. That it is mutually agreed between the parties that Party No. 2 shall be responsible to inculcate into the Master _________ the sense of self discipline, self-dependence and self-reliance so that by the time he attains age of 21 years or acquires graduate degree whichever is earlier, he is able to stand on his own feet and able to earn his own livelihood.
17. That it is mutually agreed between both the parties that they shall withdraw, without any conditions, all the cases/ complaints along with levelled allegations pending against each other in various Courts, Police Stations, or any other authority where the parties may have raised cases/ complaint against each other or their family members with/ without each other’s knowledge, within 15 days of singing of this settlement agreement and they shall not file any type of case (Civil or Criminal or any other Case/ Complaint) in future against each other or each other’s families and friends.
18. That both the Parties have agreed that they shall never use each other’s name/surname along with their own names/ surnames and shall never interfere in each other’s personal, professional or public life, through any form, including any access to or interference in each other’s social networking through internet.
19. That it is mutually agreed that Party No. 2 shall not alienate Master __________ from his biological father Party No. 1 and that The Shared Parenting And Joint Custody Plan of Master ________ as agreed herewith shall remain into effect even after divorce and/ or remarriage of any of the parties.
20. These consent terms are final in nature and there are no other Mutual Exchanges remain in between the parties except said consent terms. 21. There is no force, fraud, misrepresentation of facts or coercion in agreeing on these consent terms. Both Parties have agreed to these consent terms on their own free will.
22. That the Party No. 2 has agreed and stated that she will not have any claim against any movable or immovable property of Party No. 1 or maintenance in future from Party No. 1 and that she is receiving the above mentioned amount as one time, full and final settlement.
23. That both the parties under take that they will abide by the consent terms as agreed above. In case if Party No. 2 breaches any term/ consent/ stipulation as above the consequences of the breach of term/ consent/ stipulation shall be as under
i. The Party No. 2 shall be liable to return to the Party No. 1, within one month of breach of term/ consent/ stipulation the entire settlement amount received by her with 10% Interest rate.
ii. In addition to above, Party No. 2 shall be liable to pay to Party No. 1, within three months of breach of term/ consent/ stipulation Rs. ____________/- towards compensation.
iii. In addition to above Party No. 2 shall be liable to bear the entire cost of future proceedings which shall be consequential to breach of term/ consent/ stipulation.
24. That both parties has agreed on each and every terms as stated above after carefully reading and fully understanding and appreciating the content, scope and effect thereof, and also the consequences of breach thereof, including payment of fine/penalty and return of settlement amount and compensation.
25. That it is further agreed between both the parties that they would not have any communication or contact with each other, with each other’s friends, family members or relatives. They shall not create any situation which may defame or lower the reputation of the parties or their family members in the society. It is further agreed that they shall not enter at each other’s workplaces as well.
Both the parties have executed this MoU by mutual consent and without any force, coercion, misrepresentation, pressure from any corner and after going through and understanding the contents of the same.
IN WITNESS WHEREOF the parties hereto have set their respective hands and have signed this Agreement on this_____ Day of ______ Month, 20__ in presence of their respective Counsel and Mediator at _______ Court Mediation Centre, __________. Both the Parties have annexed there self attested identity card.
(________ S/o ____________) (________ W/o ____________)
Party No. 1 Party No. 2
(_________________ Advocate) (_________________Advocate)
Counsel for Party No.1 Counsel for Party No.2
______________________,
ADVOCATE, MEDIATOR
(MEDIATION CASE NO._____________)