MOU 10032022 Scanned

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ese Indian-Non Judicial Stamp Haryana Government Ceritcate No. covzozzcess NMI GRW Ne. 87905009 HVE Soller / First Party Detail Name: Vinay HNoIFloor: 4761 Sectormard : 60 andar: Ciyvitage : Gurugram Distict: Guugram State: Phone: 9500 Buyer / Second Party Detail Name: Sangeeta Gusain HiNotFtor: 47st SectorWard : 60 Lender: Ciyrvilage: Gurugram District: Guruaram State: Phone: 9864 Purpose: MoU ‘Stamp Duty Paid: & 101 Penalty ro ‘Starwood mailbu town Haryana ‘Starwood malibu town | Haryana ‘The euthertict ofthis document canbe veri by starving this GrGade Through smartphone or on the webalehpailegrashry.nicin MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is executed at Gurugram, Haryana on this 10% day of March, 2022 BETWEEN Mr. Vinay Thakur, S/o Mr. Tara Singh Thakur, aged about 38 years, R/o NR 18, Flat 402, Nathupur Road, DLF Phase-Ill, Gurugram-122002 (hereinafter referred to as FIRST PARTY) AND Mrs. Sangeeta Gusain, W/o Mr. Vinay Thakur, aged about 38 years, R/o H. No.47, 2nd Floor, Starwood Street, Malibu Town, Sector 50, Gurugram, Haryana- 122018 (hereinafter referred to as SECOND PARTY) And whereas, the parties to the present MOU got married on 14.11.2010. The marriage between the parties was duly consummated and a male child namely Ryan was born out of the wedlock who is presently in the permanent care and custody of| Second Party. And whereas, the disputes and differences have arisen between the parties due to which they are living separately since July 2017 and in spite of intervention and counseling by family members, friends and relatives, their differences could not be resolved, And whereas both the parties have decided to mutually dissolve their marriage on amicable terms, for the purpose of which they are entering into the present MOU, And whereas the parties hereto confirm and declare that they have voluntarily and out of their own free will and accord arrived at et ope this MOU in the presence of the signing witnesses and have settled all their disputes amicably as per the following terms and conditions: 1. That it is agreed between the parties that the First Party shall pay a total sum amount of Rs. 75,00,000/- (Rupees Seventy Five Lakh only) to the Second Party which includes the one time permanent alimony of the Second Party and for the education, welfare and upbringing of the minor son Ryan. It is further agreed that the First Party shall keep on making the monthly payment of Rs.30,000/- (Rupees Thirty Thousand) to the Second Party as per the directions of the Hon'ble Court of Principal Judge, Family Court, Gurugram and take care of minor child Ryan on Sundays till the allowing of petition u/s 13 B (2) of Hindu Marriage Act, 1955. N . That it is agreed between the parties that on 10.03.2022, the First Party shalll move an application before the Hon’ble Family Court, Gurugram for setting aside order dated 14.12.2017. Th¢. Second Party undertakes to appear before the Hon'ble Court and shall give her consent for setting aside order dated 14.12.2017. It is further agreed between the parties that they shall jointly move a petition u/s 13 B (1) of Hindu Marriage Act, 1955 on 10.03.2022. w . That after above said application is allowed by the Hon'ble Court, both the parties shall operate the Bank Locker with HDFC Bank and prepare a list of gold/diamond articles lying in the same. It is further agreed that First Party shall hand over all the gold/diamond jewelry articles taken out from the HDFC Bank locker to the Second Party, as per the list of articles, her a wa against due acknowledgement at the of recording of statement of the parties u/s 13 B (1) of Hindu Marriage Act, 1955 on 17.03.2022. - That the First Party has agreed to start repair work (including electric work, wooden floor work, plumbing, furniture repair, TV and CCTV installation) for House No.47, 2nd Floor, Starwood Street, Malibu Town, Sector 50, Gurugram, Haryana- 122018 as agreed between the parties immediately on signing of the present MOU. . That the First Party shall pay the entire remaining loan amount in respect of the joint property bearing House No.47, 2nd Floor, Starwood Street, Malibu Town, Sector 50, Gurugram, Haryana- 122018 after allowing of petition u/s 13 B (1) of Hindu Marriage Act, 1955. The First Party also undertakes to clear any loan/mortgage/encumbrance/third party interest if any against the above said property before filing of petition u/s 13B(2) of Hindu Marriage Act, 1955. - That the First Party shall file the quashing petition u/s 482 CrP.C, 1973 before the Hon'ble High Court of Punjab and Haryana within thirty days of allowing of petition u/s 13 B (1) of Hindu Marriage Act, 1955. It is further agreed between the Parties that after appearing before the Hon'ble High Court of Punjab and Haryana both the parties shall seek adjournment in the quashing petition for a date which is after allowing of Petition u/s 13 B (2) of Hindu Marriage Act, 1955. It is further agreed that the Second Party shall cooperate in quashing of FIR Use Gr n0.105/2018 and make necessary statement or give her affidavit/NOC before the Hon'ble High Court of Punjab and Haryana 7. That it is agreed that First Party shall transfer his title/share in the name of Second Party by executing a Registered Transfer Deed after first appearance before the Hon'ble High Court of Punjab and Haryana in the quashing petition u/s 482 Cr.PC, 1973. Itis further agreed that First Party further undertakes to handover the possession of the flat to the Second Party prior to recording of statement of the party's u/s 13 B (2) of Hindu Marriage Act, 1955. 8. That it is agreed between the parties that the First Party shall undertake to withdraw Civil Suit bearing no.1922/2021 pending before the Court of Dr. Tarun Kumar Verma, Civil Judge Gunior Division), Gurugram within twenty days of executing the Registered Transfer Deed in the name of Second Party and prior to filing of petition under section 13 B (2) of Hindu Marriage Act, 1955 before the court of competent jurisdiction, 9. That the First Party shall hand over the Registered Transfer Deed in the name of Second Party pertaining to property bearing House No.47, 2nd Floor, Starwood Street, Malibu Town, Sector 50, Gurugram, Haryana- 122018 in the Hon’ble Court of Principal Judge, Family Court, Gurugram at the time of recording of statement in the proceeding u/s 13 B (2) of Hindu Marriage Act, 1955. 10. That it is agreed between the parties that within fifteen days Ue after appearing before the Hon'ble High Court of Punjab and Haryana, the parties shall jointly move petition u/s 13 B (2) of Hindu Marriage Act, 1955 before the Hon'ble Family Court, Gurugram, 11. That the total settlement amount of Rs. 75,00,000/- (Rupees Seventy-Five Lakh Only) shall be paid by the First Party to the Second Party in the following manner: a, That an amount of Rs. 5,00,000/- (Rupees Five Lakh Only) in the form of Demand Draft to be paid by the First Party to the Second Party before the Hon'ble High Court of Punjab and Haryana at the time of quashing of FIR No.105/2018, Gurugram. . That the First Party shall pay the total remaining amount of Rs 70,00,000/- (Rupees Seventy Lakh Only) by way of seven postdated cheques of Rs.10,00,000/- (Rs. Ten Lakh Only) each in the name of Second Party (to be payable from March 2023 to March 2029). It is further agreed that the First Party shall hand over the said seven postdated cheques to the Second Party at the time of quashing of FIR No.105/2018 before the Hon'ble High Court of Punjab and Haryana. 12. That the permanent custody of minor son Ryan shall remain with the Second Party and the First Party shall not claim any right or dispute regarding the same in the future. It is further agreed that the First Party shall have visitation rights qua minor son Ryan to keep him overnight/weekend as per the availability/convenience of the minor child, First Party and \es pe Second Party and First Party shall not raise any dispute/claim regarding the same in the future. 13. That it is agreed between the parties that the Second Party shall solely take decisions about the welfare and education of the minor son Ryan and the First Party undertakes to sign the required documents wherever his (father's) consent maybe required at any time in future. 14. That the Parties to the present MOU shall seek divorce by filing a joint petition for divorce by way of mutual consent under Section 13B Hindu Marriage Act, 1955 before the appropriate Court. It is further agreed that either of the Parties shall not withdraw his/her consent in between the process of divorce subject to compliance of the terms agreed in this MOU. |=) bearing HMA No.861/2017 pending in the Court of Dr. Virender Parshad, Principal Judge, Family Court, Gurugram after allowing of petition u/s 13 B (2) of Hindu Marriage Act, 1955. 16. That in case of failure in payment of the remaining amount of Rs.70,00,000/- (Rupees Seventy Lakh Only) or any part thereof, the by the First Party, the First Party shall be liable for Contempt Proceedings before the Hon’ble High Court of Punjab and Haryana. 17. That it has been agreed between the parties that they shall not file any kind of proceeding whether Civil or Criminal, against each other or against any of their family members, relatives before any Court of law, police authorities etc. anywhere in India and shall withdraw all the case(s), complaint(s), cross-complaint(s), if any pending before any court, authorities anywhere in India, 18.That the Parties undertake to abide by the terms and conditions set out in the present MOU, which have been arrived at without any coercion, pressure, force or threat or any undue influence and further undertake not to dispute the same hereinafter in future/not to raise any dispute whatsoever henceforth. There is no collusion between the parties in signing of this compromise deed. The Parties undertake to abide by the terms and conditions set out in the present MOU and not to dispute the same hereinafter in future. Shea gee First Party Second Party Witness No. 1 Witness No, 2 NTIFIED

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