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Tracy (CE)     08 October 2010

settlement in mediation centre

I have done my divorce settlement in mediation centre ( Delhi High court) which is acceptable by both the parties. Is it still possible that my wife can go and appeal against it?



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 7 Replies

swatirswatir (learning law)     08 October 2010

settlement? u mean mcd?

2 Like

swatirswatir (learning law)     08 October 2010

settled ?what? for mutual consent divorce

2 Like

(Guest)

Do you have settlement before the court or outside settlements ?

Tajobsindia (Senior Partner )     09 October 2010

1. High Court Mediation Centre is an endeavour to promote the alternative dispute resolution mechanism for speedy delivery of justice.


2. T
he settlement thus arrived in a clear, concise and concrete terms as acceptable to the parties are bound down by parties to seek Decree in Court proceedings as per reference made thereof.


3. Once mutually agreed terms of settlement as arrived by in mediation are settled between parties a decree is awarded in main proceedings with closure of various cases in between parties.


4. Only under change of circumstances she can appeal infact it rarely happens and if so then it may happen after few years if she remains un-married, cost of living index rise and or for higher education of child with her and or even if her mother is in need of medical needs which she is not able to look after due to her low income earning capacities.

2 Like

Tracy (CE)     09 October 2010

Thanks for your details reply, tajobdindia.

However, I want to confirm that if she agrees in the mediation centre for the said settlement, is there any provision that she can deny the same on the actual court date?


(Guest)

Yes, she can deny the same terms and conditions which were agreed in mediation center. This is the beauty of Indian Law.

 

Jai Hind!

2 Like

(Guest)

If she changes her mind then you have a long road of court fights ahead of you. So just pray that she doesn't change her mind.

 

All the best!


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