1 Answer
Dear Client,
In case of a mutual divorce under Section 13B of the Hindu Marriage Act, 1955 or Section 28 of the Special Marriage Act, 1954, the parties enter into a settlement agreement and Memorandum of Understanding (MoU). The MoU can have a specific clause that prohibits interference to ensure the safety of the wife and her family. The clause primarily mentions that neither party nor their family members would interfere in the life or work of the other after the divorce is finalized. The MoU may also include conditions that restrict unwanted communication, prevent unnecessary visits at the residence or workplace of the wife, and bar the parties from initiating any unnecessary court proceedings against each other. Even if the Family Court commonly incorporates such terms into the final binding order, it should be noted that civil settlement agreements cannot supersede any criminal statutes. If an individual experiences extreme threats, harassment, or stalking in the future, the victim retains his/her statutory right to file a criminal complaint under the Bharatiya Nyaya Sanhita, 2023. Seeking advise from a family law attorney will help guarantee that the protective terms are correctly drafted.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you