Wife can not refuse to withdraw case after receiving mon

What emerges from the above that husband and wife had

settled their disputes before the Mediation Center and had signed

the „Settlement Agreement‟, which has even been acted upon by

them. Petitioner no. 1 has paid the entire settled amount to the respondent no.2, inasmuch as, parties have even obtained a decree

of divorce by mutual consent. In my view after having settled the

matter through the process of mediation, which has even acted

upon, parties cannot be permitted to backtrack from the same as it

will negate the aims and objectives of the whole process of

mediation. Respondent no.2 is bound by the terms of the settlement,

as contained in the Settlement Agreement arrived at between them

before the Mediation Centre, more particularly when she has

already availed the benefits of the same, that is, having received the

settled amount. Withdrawal of consent by the respondent no.2 on

some innocuous ground is impermissible.

Delhi High Court

Aditya Chandershekhar Pandit vs State Of Nct Of Delhi & Anr on 1 August, 2012