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dhirendra pateria (law officer)     10 May 2012

Please help mediation successful

kindly send me the ruling of urgently required mediation successful and concluded for divorse now in the lower court where decree is to be passed submitted an application that the issue of stridhan is not settleled, plaese provide the details of the case below and any other citation in this regard

Jasbir & Ors. V/s State and ors., 142 (2007) DLT



Learning

 2 Replies


(Guest)

Binding nature of mediation

 
The settlement was arrive at during mediation proceedings. The Legislature has amended Section 89 of the code of Civil Procedure in the year 2002. There is an all round attempt by the Legislature and Judiciary, as well as the Executive, to promote the settlement of disputes through the process of Mediation. Therefore, once disputes between the parties have been settled by the process of mediation, it would be in the public interest as well as to attach importance to such a process and treat the settlement as a solemn settlement. Otherwise, the movement of mediation may itself suffer if the parties are given to understand that even after they agree for settlement, one of the parties can still back out."
Delhi High Court
Dalbir Singh vs State & Ors. on 23 August, 2011

cm jain sir (ccc)     11 May 2012

Mediation means you both shlould be agree on terms even though it is not true. If you will say that X is false and not accetable to you then mediation will be failed.


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