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.nicinMEMORANDUM 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 opethis 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 awa
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 Grn0.105/2018 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
Ueafter 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 peSecond 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