Delhi High Court Summons Mediation Centre In-Charge For Failing To Translate Contents Of Settlement In Vernacular Language

The Delhi High Court recently summoned the in-charge of mediation centre, Karkardooma Courts,for failing to translate contents of a settlement agreement to the complainant woman in the vernacular language understood by her.

Justice Chandra Dhari Singh observed that though the official language for court proceedings and documentation is English, the concerned authority is duty bound to translate the contents of such documents to a person not well versed with the language.

“Therefore, it becomes duty of the concerned authority to ensure appropriate translation of the relevant documents before the parties arrive at the settlement,” the Court said.

The Court was dealing with a plea seeking quashing of a case arising out of a matrimonial dispute after the parties entered into a settlement. The FIR was registered by the wife in 2015 against the husband and his family members under Section 498A, 406 and 34 of Indian Penal Code, 1860.

On Court's query, the complainant woman said that she was not aware about the contents of the mediation report as it was written in English and that no one translated the contents to her in the vernacular language.

She also said that the divorce happened between the parties without informing her and that her signatures were taken without providing complete information leading to divorce being decreed in favour of the husband.

“The objective behind establishment of the alternate dispute resolution forums is to ensure speedy and amicable settlement between the parties without much hassle, however, the said objective cannot negate the rights provided to the citizens by the Constitution of this Country,” the Court observed.

It said that the case portrays an “alarming situation” prevailing in the Courts of the country where the complainant is oblivious to the contents of the compromise and still the mediation centres proceed with the same.

Accordingly, Justice Singh directed the in-charge of the counseling centre to file an affidavit stating why the necessary steps were not taken to make the complainant understand about the contents of the settlement.

The matter will now be heard on November 05.

Title: SANTOSH KUMAR AND ORS. v. STATE THROUGH SHO PS NEW ASHOK NAGAR AND ANR

Click here to read order