Sunil Patil (Engg) 24 August 2012

Secn 89 of cpc

Hello everyone,

As per Secn 89 of CPC can a wife resile, if she has already accepted the mediation proccedings before a court appointed mediator and as per the settlement terms the husband has kept is part of the agreement by investing/ paying the financial portion? The settlement terms then include withdrawl of case filed by the wife in other courts which she does not do as part of settlement terms. Please provide your thoughts/ opinions on this.

Are there any judgements that anyone can share on this?

Thanks.

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1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 August 2012

There have been cases where women have indeed resiled from such understandings/MoU's in mediation sessions, and went on to pursue cases, in such a situation - criminal cases can be quashed, and civil cases like maintenance can also be turned down if a sufficient amount of maintenance is paid.