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Need_Help (xyz)     09 December 2014

Backout in mediation

Hello All,

I need advice and help from you.

My wife has filed a false 498a,406 etc complaints against me and my my family members.

We are on interim bail.

At the time of anticipatory bail hearing , judge suggested to attend the mediation part.

In the 2nd session of mediation, my wife agreed for mutual consent divorce with 8 lac as alimony .

So, we prepared one agreement where we have mentioned all the terms and conditions and then signed it by me ,my lawyer,wife, her lawyer and judge on the same day.

In the settlement, we have decided to file the joint petition for mutual divorce after two days.

But after two days, my wife is saying she wants more money otherwise she will not come for filling the mutual consent divorce petition.

If the settlement is done and agreement is made with proper signatures , then also is it legel to backout at this stage? because as per supreme court judgment, settlement reached is a contract which is binding and enforceable between parties. then how can she backout at this stage?

How can i handle this situation?

Also, let me know when should i return her jewellary. In the agreement we have mentioned that jewellary will get it after filling the divorce petition in front of counsellors.

Regards

Amey



Learning

 2 Replies

rakesh sharma (owner)     09 December 2014

No she cant backout. This is against Mediation Rules. Bring out this fact forcefully in family court.

T. Kalaiselvan, Advocate (Advocate)     11 December 2014

It is her liberty to withdraw from the agreed decision.  Mediators cannot force anything on her nor anybody can thrust their decision on her if she is not willing to accept the same for some obvious reasons. In the circumstances, you may have to go for a regular divorce case against her.  There is no legality involved in such mutual agreements and it cannot be called as a binding contract that she can be taken on task for breaching the contract.


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