Appeal or review against matter settled through mediation on the ground of compulsion by both lawyer
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(Querist) 08 May 2014
This query is : Resolved
good morning sirs and madam ,
i am putting a legal query here for discussion. please express your views and opinions in this forum itself .
here, a lady filed a complaint under domestic violence against her husband and husband's mother in the magistrate court and a divorce petition in the family court . when the divorce matter came up for mediation, the matter was settled . in the divorce petition, compromise was recorded, on some conditions that :
1) husband shall pay 2,00,000 Rs to wife
2) they shall file a joint application for divorce u/s 13-B
3) wife shall withdraw all the cases filed against the husband
4) lastly, both the parties shall not file any case against each other , in future also
on the basis of these conditions, ( an agreement was executed in this behalf and that was filed in the court also ) family court court , recorded the compromise and pronounced the judgement in the divorce petition.
now, interestingly, the wife comes up with an allegation that she was compelled or forced by her counsel and the opposite counsel to sign the compromise deed .... and that is how she has signed the agreement...and the amount received by her is very less.....she is entitled to get more ...this is what she says ....
stating all these, she filed a complaint in taluk legal service authority for taking proper action and the legal service authority appointed a new lawyer to look into the matter and see whether anything can be done ,,.....
MY QUESTIONS ARE :
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1) whether anything can be done to cancel the compromise entered into between the parties, on the compulsion of both the lawyers, against the interest of a party, after entering into ?
2) she says that if she is not allowed to cancel the the compromise deed, she will not withdraw the cases at the magistrate court, as mentioned in the compromise deed . whether any action can be taken against her for the violation of terms of compromise deed ?
3) whether there is any provision for review or re-open the family court case by the same court or by the appellate court ?
sirs and madams,
let us discuss this matter and find out a solution .....
thanking you, sirs and madam ....
SALIL KUMAR
ADVOCATE
DISTRICT COURTS
THALASSERY
09447536929
09061435365
ajay sethi
(Expert) 08 May 2014
1) at the time of signing of consent terms judge specifically asks the parties whether they have signed he consent terms . if wife had been forced to sign consent terms she could have informed the court at that stage . the defence appears to be an after thought to wriggle out of the commitments . the wife lawyer should on affidavit state how consent was obtained . it is doubtful whether consent terms would be set aside particularly so when she has received sum of Rs 2 lakhs as per consent terms .
2) in DV case draw attention of court to consent terms filed in court on basis of which Divorce was granted . her Dv complaint would be dismissed .
3)wife will have to move HC in appeal against grant of divorce decree
Sankaranarayanan
(Expert) 08 May 2014
I endorse with mr sethi . only she can knock the door of High court by appeal against divorce decree.
Raj Kumar Makkad
(Expert) 08 May 2014
There is no question of reopening this case. Whatever was settled and executed has attained finality by way of a decree of divorce. If wife resiles from her undertaking to withdraw the pending DV case, she shall have to face a criminal case under section 420 IPC as held by Hon'ble supreme Court of India in a similar matter. Husband ned not to worry as such wife (now ex) can do nothing rather she shall to pay a heavy cost against her act and conduct.
