Thank you for the feedback.
Can you kindly throw some light on the following sections which speak of settlements via mediation:
Rule 31 of Family Courts Act 1987. Settlement before Counselor : - When the parties arrive at a settlement before the Counselor relating to the dispute or any part thereof, such settlement shall be reduced to writing and shall be signed by the parties and countersigned by the Counselor. The Court shall pronounce a decree or order in terms thereof unless the Court considers the terms of the settlement unconscionable or unlawful or contrary to public policy.”
vi. It is respectfully further submitted that under Section 23 of HMA 1955, Act 68 of 1976, that if the parties arrive at a mutual settlement and when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly. Section 23 of The Hindu Marriage Act, 1955 is produced herein with
Section 23. Decree in proceedings.
1. In any proceeding under this Act, whether defended or not, if the court is satisfied that-
(a) any of the grounds for granting relief exists and the petitioner except in cases where the relief is sought by him on the ground specified in sub- clause (a), sub- clause (b) or sub clause (c) of clause (ii) or section 5 is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and
(b) where the ground of the petition is the ground specified or in clause (i) of sub- section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and
(bb)when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and
(c) the petition (not being a petition presented under section 11) is not presented or prosecuted in collusion with the respondent, and
(d) there has not been any unnecessary or improper delay in instituting the proceeding, and
(e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly.
vii. It is respectfully further submitted that as per Order 14 Rule 7 of Code of Civil Procedure, 1908 that if the parties agreed upon a settlement the court may pronounce judgment on the validly concluded settlement, the provision reads as:
“Rule 7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment
Where the Court is satisfied, after making such inquiry as it deems proper,-
(a) that the agreement was duly executed by the parties;
(b) that they have a substantial interest in the decision of such question as aforesaid, and
(c) that the same is fit to be tried and decided,
it shall proceed to record and try the issue and state its finding or decision thereon in the same manner as if the issue had been framed by the Court, and shall, upon the finding or decision on such issue, pronounce judgment according to the terms of the agreement, and, upon the judgment so pronounced a decree shall follow.
viii. It is respectfully further submitted that as per Order 12 Rule 6 of Code of Civil Procedure, 1908, Judgment on Admissions and reads as:
(1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admissions.
(2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn upon in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced
ix. It is respectfully further submitted that as per Section 13B(1) and under section 13B(2) of Hindu Marriage Act 1955, the Petitioner would not be permitted to withdraw the consent unilaterally after signing of the mutual settlement terms jointly in front of court appointed mediator and her advocate, as it would not only be contrary to the position in law but also contrary to the interest of justice.
