MoU signed b/w me and my ex wife is binding on my mother ?
4 years ago
I got divorce 6 months back.
MoU was signed b/w me and my ex wife that we, our family members, relatives will not file cases against each other in future.
My mother did not sign any where.
my mother wants to file DV case or defamation case against my ex wife because she written name of my mother and Sister in false 498a etc cases that spoiled her reputation.
This will be called breach of agreement ?
MoU signed be me and my ex wife is binding on my mother?
Can i surrender the rights of my mother regarding filing of case ?
Rameshwar Dadhe
Responded 4 years ago
Shivangini Gupta
Responded 4 years ago
You mother's name and your sisters name in the 498A Complaint does not amount to defamation also if you go against the Mou which may have been endorsed by the Court, this act will lead to contempt of court.
Ranjeet Singh
Replied 4 years ago
She can file DV case ?
Mother is going against MoU. She did not sign any where. When she did not sign MoU, How it can be contempt of Court ???? If i go against MoU then it will be called contempt of court
Shivangini Gupta
Replied 4 years ago
Sir I don't have to documents but the undertaking given by u in MOU would be that none of the family members will file a case against your wife. If you can share a copy of the MoU, I will be in a better position to give you better advice.
Thank you
Shivangini Gupta
Replied 4 years ago
Also had the MoU endorsed by a Court, please let me know
Shreyash Mohta
Responded 4 years ago
Your mother can file a case and yes it will come under breach of MOU.
But then too the court will need to check the intention and construction of such MOU.
If the construction and intention of the MOU states that both the parties wanted to create a legal relationship by way of such document then, such an act shall be breach of contract and compensation needs to be given to the ex wife.
You can also opt to not file any further cases respecting the MOU.
Thanks
Ranjeet Singh
Replied 4 years ago
How mother comes under breach of MoU when she did not sign MoU. She in her capacity is differnet entity. Her sons decisions can not bind her.
Shreyash Mohta
Replied 4 years ago
The contents of the MOU are constructed as such which affirms family.
Moreover, your mother in her individual capacity can definitely file a case against your ex wife.
Generally a MOU is created to make a separation agreement between the husband and the wife.
However, it lies on the discretion of the court to decide whether such an act shall be breach of MOU or not.
Thanks
When your mother not signed the said MoU it cannot be a breach of terms of agreement. Your mother in her individual capacity can file proposed cases against your ex-wife.
Thanks.
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