Property terms in the divorce decree are enforceable — the Family Court cannot redirect you to a separate civil suit
The Gujarat High Court held that when property-related terms — a relinquishment of rights in a flat, a transfer obligation — are recorded as part of a consent decree in a mutual divorce, the Family Court must enforce those terms. It cannot tell the winning party to file a separate civil suit for specific performance.
What this means for you
If your settlement involves a flat, plot, or other property being transferred as part of the divorce terms, have that clearly documented in the MoU. Once the decree is passed incorporating those terms, those obligations are court-enforceable — not just a private agreement between two people.