Practice Of Handwritten Clauses In Mediation Settlement Needs To Be Discontinued Unless Countersigned By Mediator, Parties: Delhi HC

Key Takeaways

• The practice of handwritten clauses in mediation settlements needs to be discontinued forthwith unless it is countersigned or initialled by the Mediator or Counsellor as well as by the parties in their presence.

Background

• The development came in a contempt petition filed by a husband against the respondent-wife for wilful disobedience of the order passed by the Principal Judge, Family Court wherein the statement of wife's counsel was recorded saying that she does not wish to pursue the petition, as the matter was amicably settled between the parties in terms of the settlement agreement. Accordingly, both the parties had mutually agreed to dissolve their marriage.
• The Amicus Curiae submitted that none of the essential elements of the procedure as laid down by the Division Bench in the Rajat Gupta case was followed in the matter.

Observations

• The Court took note of the fact that since the settlement agreement was not in terms of the decision of the Division Bench nor any undertaking of the wife was recorded before the Family Court and was without an affidavit affirming the terms of the settlement, the said agreement does not form a part of the court order.
• "Accordingly, it cannot be said that the respondent has committed contempt of court. No contempt is made out," the Court said.
• The petition was accordingly disposed of.

Questions

• What are your opinions on this judgement?
• Who is a Mediator?

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