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manish (officeer)     04 April 2013

Limitation period

I approched Delhi High Court against Mainteance order u/s24 of Hindu Marriage Act by lower court in Dec 2010. Delhi High court Dismissed the petition and directed both the parties to appear before Delhi High Court and Mediation Centre.

In Mediation Centre, the settlement agreement was made, signed by both the parties, lawyers of both sides and mediator of Delhi High Court mediation centre.(In June 2011). Since no case was pending in High Court (as already dismissed), I was informed by Mediaton Centre,  that report of mediator was not sent to Court for recording the settlement and Court also did not call the parties as per rule 24,25 of Mediation rules.

The party backed out from the settlement and contempt petition was initiated in July 2011 and still case is pending in Delhi High court. Now I have come to notice that Contempt Petition may not be tenable and I should have filed the application in Court for recording the settlement agreement arrived at in Mediation Centre.

My question is-

(1) Whether Contempt Petition was filed correctly and if not

( 2) Can I file the application for recording the settlement  before the Court so as to make the party bound by settlement arrived at mediation centre.

(3) What is limitation period for making such application and delay/such period is already over, whether delay can be condoned by Court.

(4) In which Court the application has to be filed.





 3 Replies

Manish Udar (www.Mehnat.IN)     04 April 2013

Let them waste one or two more years, they will come back for a compromise.

Goutam Prasad (Advocate)     04 April 2013

I have to inform you that contempt petition is not maintenable.

You can file application for recording of settlement arrived at mediation centre. Court will summon oppsite aprty for statement. However, if they refuse to give statement and wish not to proceed with settlement, litigation will commence afresh.


Goutam Prasad


Supreme Court of India


Mob: 9810753838

manish (officeer)     04 April 2013

Prasad Sir,

Thanks for the reply.

 Could you please tell me regarding limitation period for filing the application for recording the settlement and in which court it is to be filed and whether the same can be filed with ongoing contempt litigation.




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