1. Judicial separation is a colossal wastage of time, energy and money. It inevitably leads to filing of divorce. If the wife specifically agrees to not to claim, subsequent to the execution of MOU, any financial support from her husband, there will be an embargo on her right to bring a legal action to the contrary. The terms of MOU will rank sacrosanct.
2. No appeal would lie to the SC once the MOU is executed by her.
3 a) One time settlement can be made, pursuant to which the spouses may file for mutual divorce.
b) Since the one time settlement would be evidenced by a MOU the settlement would be final.
4. While executing a MOU the parties thereto have the liberty and latitude to incorporate any condition which is mutual acceptable.
5. If the wife is willing to allow visitation rights to the husband then such a condition can be made a part of MOU, else the husband can file a case for child custody.
6. If the issue relating to visitation is settled by MOU the husband will not be able to file a case for child custody later on.
7. The son has no rights in the property owned by his grand father. So he cannot seek any share therein. However, he does have an indefeasible right in the ancestral property, which he can cull out by moving to court.
8. There is no disadvantage of Judicial Separation. It is purposefully designed to make the marriage work.
9. Wife can indubitably oppose divorce if sought on the ground of non-resumption of cohabitation. The success or failure of a legal proceeding depends on the case set up, the proof submitted and how it is presented in the court.
Wife will be precluded from seeking further amount under any provision of law in view of MOU.
10. Get a flawless MOU drafted by a lawyer. That's all we can suggest.
11. MOU can be made a part of High Court order.