Ensure Settlement Deeds Are Drafted With Due Application Of Mind, Don't Use Printed Proforma: Delhi High Court To Mediation Centres & Family Courts
The Delhi High Court has taken serious objection against the drafting of settlement agreements in matrimonial cases by mediation centres on “printed proforma.”“This court while dealing with petitions of matrimonial quashing often comes across the settlement agreements being drafted by the Mediation Centres which are on a printed proforma. This court takes serious objection to it,”...
The Delhi High Court has taken serious objection against the drafting of settlement agreements in matrimonial cases by mediation centres on “printed proforma.”
“This court while dealing with petitions of matrimonial quashing often comes across the settlement agreements being drafted by the Mediation Centres which are on a printed proforma. This court takes serious objection to it,” Justice Dinesh Kumar Sharma said.
The court added that the settlements on printed proforma sometimes gives an impression that there is no application of mind and the settlement deed has been drafted mechanically.
“Therefore, The Mediation Centres and the Family Courts are directed to ensure that the settlement deeds are drafted properly and it should not be on a printed proforma,” the court said.
It is further directed that the copy of settlement deeds which are annexed to the petition seeking quashing of the matter should be legible.
“Let the copy of this judgment be circulated to all the Mediation Centres and the Family Courts with a direction to draft the settlement deed showing due application of mind and to ensure that the said deeds are drafted in consonance with judgment in Ganesh vs. Sudhirkumar Shrivastava (Supreme Court),” the court said.
Justice Sharma passed the order while quashing an FIR registered by a wife against her husband and in-laws under Sections 498A, 406 and 34 of Indian Penal Code and Section 4 Dowry Prohibition Act.
The couple got married in January 2015 and started living separately after about 11 months of marriage due to some temperamental differences and disputes. The FIR was then lodged by wife in 2016.
The husband and in-laws moved the plea seeking quashing of the FIR after they entered into an amicable settlement with the wife on January 16, 2020. The decree of divorce was also granted on November 17 last year.
“I consider that there would be no purpose of continuing with the trial as the parties have entered into the settlement voluntarily without any fear, force and coercion, and have decided to give quietus to the proceedings. It was a matrimonial dispute which has been amicably settled and thus the parties must be given a chance to move on with their lives,” the court said, while disposing of the plea.
Title: VIVEK KUMAR & ORS. v. STATE & ANR.
Citation: 2023 LiveLaw (Del) 658