MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (herein referred to as
“MOU”) is entered on the ____ day of September in 2024
(herein referred to as the “Effective Date”) into by and
between:
KISHOR SHRIMALI, son of Late Iswarlal Shrimali, aged about
34 years, by faith Hindu, by occupation Self-employed, Aadhar
No. 9474 6971 5506, PAN No. DHUPS0178D, resident of
Himadri Apartment, 242/1A, Flat 17A, Acharya Prafulla Chandra
Road, Shyambazar Mail, Kolkata - 700004. (herein referred to
as “Party A”).
AND
ANJU SHRIMALI, wife of Kishor Shrimali and daughter of Late
Kulthia Chand Ratan, aged about 30 years, by faith Hindu, by
occupation Housemaker, Aadhar No. 3505 3491 8516, PAN No.
IYQPS3944K, resident of Raadhya Apartment, 31/1/1
Ramkrishna Samadhi Road, Kolkata-700054. (herein referred to
as “Party B”) Parties may be referenced individually as "Party"
and collectively as "Parties".
WHEREAS:
I. The Parties entered into a marital relationship and tied
the marital knot on 28th November, 2017 vide a social
marriage ceremony held at Vedam Banquet, Salt Lake,
177, IB Block, Sector 3, Bidhannagar, Kolkata, West
Bengal 700064.
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II. The Parties after their marriage started their conjugal
life as husband and wife at Barabazaar and various
other locations which they shifted to over the years.
However, at present the Parties are residing separately.
III. Thereafter, from the said wedlock a boy child namely,
Pratyush Shrimali was born on 30th November, 2021.
IV. The Parties have lately discovered irreconcilable
incompatibilities for which it has rendered not possible
for them to live together under one roof.
V. That the Parties have started to live separately since
October, 2022, wherein Party A is residing at Himadri
Apartment, 242/1A, Flat 17A, Acharya Prafulla Chandra
Road, Shyambazar Mail, Kolkata – 700004 and Party B
is residing with the said child namely, Pratyush Shrimali
at Raadhya Apartment, 31/1/1 Ramkrishna Samadhi
Road, Kolkata-700054.
VI. The parties considering the fact that the conjugal
relationship has irretrievably broken down between the
Parties. The Parties have realized during the
subsistence of their marriage that it will not be possible
for the Parties to come together and pick up the broken
threads of the marriage again and resume normal
conjugal relationship between them. The Party A/the
husband and Paty B/the wife have also understood that
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the subsistence of the present marriage would lead to
unnecessary bitterness and acrimony between the
spouses and will prove to be detrimental to both their
mental and physical health. Which would result in the
child suffering due to the incompatibility of the Parties.
VII. The Parties, mindful of the well-being and best interests
of the child, hereby enter into this MOU as a tool to
guide their roles and responsibilities in the upbringing
of the child. This MOU shall serve as a legal framework
through which the Parties will act as diligent and
conscientious parents, ensuring the child's proper care
and development.
VIII. The Parties have mutually agreed to include provisions
for a divorce settlement within this MOU.
NOW THIS MEMORANDUM WITNESSETH:
Introduction
1. That the Parties have mutually agreed to enter into this
MOU
with the end in mind for the well-being of their child
namely, Pratyush Shrimali and to finalise the terms of
their mutual divorce.
Alimony of Party B and Maintenance and expenses towards the
Child
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2. That Party A will be transferring a total amount of Rs.
20,00,000/- (Rupees twenty lakhs) to Party B in her
account bearing:
Account number: 50100742092313;
Account holder name: Anju Shrimali;
Bank name: HDFC Bank;
Branch: Kestopur;
IFSC code:- HDFC0002492
as an alimony/one-time settlement towards their mutual
divorce. The amount shall be transferred to the account of
Party B in two tranches of Rs. 10,00,000/- (Rupees Ten
Lakhs) each. The first tranche shall be transferred at the
time of signing of this MOU and the mutual divorce
petition. The second and final tranche shall be transferred
at the time of passing the final order/decree of the mutual
divorce. Following which party B shall have no further
claims for monthly maintenance towards her well-being
from Party A.
3. That Party A shall pay a monthly sum of Rs.20,000/-
(Rupees twenty thousand) for their son namely, Pratyush
Shrimali, which will be transferred before the 12 th Day of
the English calendar as monthly maintenance in addition
to educational and other expenses viz. medical commute,
tuition, clothing, stationary, toys, extra curriculum
activities for their son namely, Pratyush Shrimali which
shall be deposited in the account of the Party B.
4. In addition to the monthly maintenance, Party A shall pay
the school fees of the child, food expenses of the child,
medical expenses of the child, and clothing expenses of
the child among other such expenses. That the Party A
upon having reasonable ground shall allocate more funds
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for the said month if and when required to do so towards
the welfare of the child.
5. That Party A shall provide funds for any medical expenses
of the child. That all expenses of the child shall be borne
by Party A. However, Party B is required to inform Party A
of any such expenses that shall be required for the child
on a prior basis. The first party shall maintain health
insurance of child of ₹ 20,00,000/- minimum sum insured
at his cost without any fail till his attaining the age of
majority.
6. The Parties agree that the monthly maintenance for the
child shall be subject to periodic review and adjustment by
mutual consent every year. The Parties shall decide the
quantum of raise required towards such monthly
maintenance of the child after such review every year.
Visitation and Custody
7. That the Party B shall have the custody of the child.
Furthermore, if at any point of time it is mutually decided
amongst the Parties; then the Party A would also be given
the custody of the child. Moreover, the child would also
always be at liberty to stay with Party A whenever desired
by party B.
8. That Party A on prior notice of adequate time to Party B
and upon agreeing to such notice, she may allow Party A
to see the child at a place decided by Party B.
Education and future of the child
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9. That the Party A shallbe at liberty to give suggestions for
welfare of child with regard of schooling etc. However, the
decision of mother shall prevail over father’s suggestion in
case of conflict.
Communication
10. That the Parties agree to maintain open and regular
communication regarding the child's well-being through
email, text messages, WhatsApp or phone calls, promptly
notifying each other in emergency situations and sharing
important information and documents related to the child,
such as medical records and school reports. Major
decisions regarding the child's welfare shall be made
jointly after discussion, with the Parties committing to
respectful communication and attempting to resolve
disagreements through constructive dialogue or mediation
if necessary. Each parent will keep accurate records of all
communication, and neither shall involve third parties in
decision-making without the other's consent. Modifications
to this communication plan require a mutual written
agreement and incorporation into this MOU.
Dispute Resolution
11. That the parties agree that any major difference
between the Parties shall be amicably settled between the
Parties or through the intervention of an Advocate to be
appointed by Party B.
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12. That the Parties shall act in accordance with the
terms as witnesseth herein, the Parties shall always act in
accordance towards the welfare of the child.
13. That if any provision of this MOU is declared or found to be
prohibited, unenforceable or void, the PARTIES will
negotiate in good faith to agree upon a substitute
provision that is valid, binding, and enforceable and is as
nearly as possible consistent with the intentions
underlying the original provision. If the PARTIES are unable
to agree upon such a substitute provision, the original
provision will be stricken. If the remainder of this MOU is
not materially affected by such declaration or finding and
is capable of substantial performance, then the remainder
shall be enforced to the extent permitted by law.
14. The Parties to this MOU agree that should any dispute
arise through any aspect of this relationship, including, but
not limited to, any matters, disputes or claims, the Parties
shall confer in good faith to promptly resolve any dispute.
In the event that the Parties are unable to resolve the
issue or dispute between them, then the matter shall be
mediated and/or arbitrated in an attempt to resolve any
and all issues between the Parties. The Arbitrator to be
appointed by Party B.
15. That neither Parties to this MOU may assign or transfer the
responsibilities or agreement made herein without the
prior written consent of the non-assigning party, which
approval shall not be unreasonably withheld.
Jurisdiction
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16. That this MOU shall be governed by and construed in
accordance with the laws of the State of West Bengal.
Any issue if remain unresolved or any breach to the
contract shall be resolved only within the Jurisdiction of
Kolkata, West Bengal.
IN WITNESS WHEREOF the parties have hereunto
set and subscribed their respective hands and seals
the day month and year first above written.
SIGNED, SEALED AND DELIVERED AT KOLKATA IN
THE PRESENCE OF WITNESSES:-
1.
FIRST PARTY
2.
SECOND PARTY
