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Sumit Kanu (Founder)     17 April 2013

Wife not abiding by mediation cell agreement

My wife moved to court filing a case of DV. The court sent us to mediation cell where an agreement was formed and she agreed to take back all the cases. She has not taken any case back even after 60 days of agreement signing.  Please suggest what can i do ?

 



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 3 Replies

Ranee....... (NA)     17 April 2013

you can do nothing if she is not willing to do so.Only option is to fight the case.

Tajobsindia (Senior Partner )     17 April 2013

I disagree to reply of @ Ranee…
Reasoning:
It is settled Law that the terms recorded at Mediation Centre has a binding effect upon the parties.

Rule 24: Settlement Agreement
(a) Where an agreement is reached between the parties in regard to all the issues in the suit or proceeding or some of the issues, the same shall be reduced to writing and signed by the parties or their constituted attorney. If any counsel has represented the parties, the conciliator/mediator may obtain his signature also on the settlement agreement.

(b) The agreement of the parties so signed shall be submitted to the mediator /conciliator who shall, with a covering letter signed by him, forward the same to the Court in which the suit or proceeding is pending.

(c) Where no agreement is arrived at between the parties, before the time limit stated in Rule 18 or where, the mediator/ conciliator is of the view that no settlement is possible, he shall report the same to the Court in writing.

Rule 25: Court to fix a date for recording settlement and passing decree.
(a) On receipt of any settlement, the court shall fix a date of hearing normally within seven days but in any case not beyond a period of fourteen days. On such date of hearing, if the court is satisfied that the parties have settled their dispute(s), it shall pass a decree in accordance with terms thereof.

(b) If the settlement dispose of only certain issues arising in the suit or proceeding, on the basis of which any decree is passed as stated in Clause (a), the court shall proceed further to decide remaining issues.’

1 Like

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     17 April 2013

agree with tajobsindia


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