MEMORANDUM OF UNDERSTANDING FOR DIVORCE BY MUTUAL CONSENT

This Memorandum of Understanding is executed at Kolkata on this ______ day of

_________, 2020 by and between:

Ms. Mandira Mondal , wife of Mr Madan Kumar Saha and daughter of Late Niranjan Mondal
, aged about 34 years, by faith Hindu, by occupation Advocate, residing at Biswas Para,
kulberia , Newtown , District South 24 parganas ., P.S. Kolkata Leather Complex ,
hereinafter called the “ First Party”

AND

Mr. Madan kumar Saha , son of late Birendra Nath Saha , aged about ____years, by faith
Hindu, by occupation Service, residing at Biswas Para, kulberia , Newtown , District South
24 parganas ., P.S. Kolkata Leather Complex, hereinafter called the “ Second Party”

WHEREAS , Mr. Madan kumar Saha and Ms. Mandira Mondal were duly married on January
18th ,2007 and it was solemnized under Hindu customs and rites . After the Marrige the
parties lived as husband and wife for 10 (ten ) years at _____.however, from 2016, due to
certain irreparable misunderstanding the marriage has broken down so irretrievably that , the
Parties started living separately from thereon being under the same roof and it has in all-
purpose become impossible for them to lead a healthy conjugal life and there is no way for
reconciliation or amend . Moreover, their strained relationship is having a negative and
adverse impact on the children who are yet to attain their majority , therefore for their well
being and in the best interest of the Children , it has been mutually decided by both the
parties to dissolve the marriage under section 13(B) of Hindu Marriage Act and formalize the
separation.
WHEREAS , There are two daughters , named Ananya Saha , born on 26 th October , 2007
and Bipasha Saha born on 2nd April, 2009 and one son, Joydeep Saha, born on 26 th march ,
2014 from their marriage. Mr. Madan kumar Saha and Ms. Mandira Mondal, have been
living separately since 2016. Since such separation, the minor daughter, Ananya Mondal ,
Bipasha Saha and Joydeep Saha have been living with their father Mr Madan Kumar Saha .
Mr. Madan Saha and Ms Mandira Mondal , in their free will have mutually consented ,
agreed and decided to have their marriage dissolved by mutual consent under section 13(B) of
Hindu Marriage Act on the terms and conditions contained herein and this memorandum of
understanding is executed between the first and second party.

This memorandum and understanding is as follows:

A. In consideration of the mutual promises contained herein, Mr. Madan Saha and Ms
Mandira Mondal agree to file a joint petition for divorce by mutual consent and the terms
and conditions (set out below) will be integral to their respective consent to their divorce
petition under section 13(B) of Hindu Marriage. Mr. Madan Saha and Ms Mandira
Mondal undertake to each other and the Hon’ble Court before whom the petition for
divorce by mutual consent is/ shall be made that they shall abide by these Consent Terms
and the same shall be binding on each of them.

CONSENT TERMS

(i) Mr. Madan Saha shall have sole permanent, legal and physical custody of the minor
daughter namely Ananya Saha, Bipasha Saha and Joydeep Saha (born from the
wedlock of Mr. Madan Saha and Ms Mandira Mondal ), during their respective
minority. Mr. Madan Saha shall be entitled to bear the expenses , take and
implement all decisions and actions pertaining to the minor children’s person and
property including (but not limited to) education, extra-curricular activities, marriage,
place of residence, travel, medical and health matters, property matters and any other
matters concerning the minor children during their minority after consulting with
Ms Mandira Saha .

(ii) In order to ensure adequate and sufficient livelihood and minimum lifestyle of Ms
Mandira Saha , Mr Madan Saha shall pay an amount of Rs 4,00,000 ( Rs four lakh)
to Ms. Mandira Saha as one time settlement payment from the date of execution of
this Memorandum of Understanding.
(iii) In case , the second party is not comfortable to pay the above said 4 lacs payment as
one time settlement amount , then after the expiry of the mandatory 6 months , the
parties shall file the second motion of their divorce petition and the second party shall
pay Rs 4,00,000/- ( Rupess Four Lacs ) to the First Party as full and final
settlement with her.
(iv) The first party and second party agreed to file the Mutual Consent divorce petition
within one month of this MOU.
(v) The first party will handover the children above-mentioned to the custody of the
second Party but the First party will have unrestricted visitation right anytime and if
the children are willing to live for some short or long duration with the first party ,
the same will be allowed by the second party without any condition .
(vi) The second party under no circumstances will shift the children to such place to
where the first party can not visit frequently and on her own.
(vii) It is agreed that after execution of the terms and conditions stated above there shall be
no claim left between the parties against each other in any manner whatsoever.
(viii) That this is further agreed between the parties that they shall not create any situation
which may defame or lower the reputation of the parties or their family members in
the society .
(ix) 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.

(x) That the present terms and conditions set out from paragraph (i) to (ix) constitute one
composite whole and none of the terms are severable from each other.
(xi) In witness whereof , the parties have signed this MOU on the day , month and year
first above written in the presence of the following witnesses :-
(xii)
 __________________ _____________________

Ms Mandira Mondal Mr. Madan Saha

Witnesses :-

1:

2:

AFFIDAVIT

I, Prosenjit Biswas , son of Amiya Biswas , aged about- years of by faith

Hindu, by occupation- Technical Labour , residing at Flat No. 4, 2 nd floor,
“Nandayalal Apartment” at Amtala, Baruipur Road, P.O: Kanyanagar, P.S:
Bishnupur, District: South 24 Parganas, PIN-743503, do hereby solemnly state,
declare and affirm as follows:

1. That I am petitioner of this instant matter and as such am well acquainted

with the facts and circumstances of the case. I have been duly authorized by the
applicant No.1 to sign and affirm this petition on his behalf and I am competent to
do so.

2. That the statement made in foregoing paragraph Nos 1 to 15 are true to my

knowledge and other paragraphs and the rest portion of the petition are my humble
submission before this Learned Court.

DEPONENT

Deponent is known to me
and identified by me

Advocate.