mediation binding and no new cases can be files

law officer

Is the settlement before the THE ALLAHABAD HIGH COURT MEDIATION AND. CONCILIATION CENTRE is binding on the parties, both the parties and signed the final agrement and wife has accepted the 12 lakh as as final settlement and agreed for the divorce . Further the centre has given the family cort direction to pass the decree of divorce but on the very second day on the date at family corurt wife has filed the application under section 27 with was not pending before and  t court has given us to file the objection on the same


1 -can court entertain the application regarding which nothing in mentioned in the agreement 


2-what spep should i take , if applicatoion under 27 is admitted the pupose of paying huge amount will be defeted( i thing it is not maintanable)
please help

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

File a case for contempt. It has been judicially accepted (albeit erroneously) that even maintenance cases can be filed by women after full and final settlement and promise not to file cases, because any agreement whereby women agree to give up their rights are seen as against public policy and hence not enforceable. 

 
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law officer

sir contempt against whom, the lower court has not passed the judgement yet, the wife has put up an application under section 27 asking stridhan even the full and final settlement has taken place my questions are

1 -can court entertain the application regarding which nothing in mentioned in the agreement 


2-what spep should i take , if applicatoion under 27 is admitted the pupose of paying huge amount will be defeted( i thing it is not maintanable)
please help

3-any ruling which i can quote to the lower court not the entertain the application under section 27 and issue a decree of divorce

 
Reply   
 
Legal Evangelist - TRIPAKSHA

It can be enforced. It is not binding though. Only the HC order is binding.
 
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