Delhi HC Objects Drafting Matrimonial Settlement Deeds On Printed Proforma, Directs Mediation Centres & Family Courts To Ensure Proper Drafting
The Delhi High Court while taking objection towards drafting of matrimonial settlement deeds on printed proforma has directed the Mediation Centres and Family Courts to ensure that the settlement deeds are drafted properly and not be on a printed proforma.
A Single Bench of Justice Dinesh Kumar Sharma held, “… It is pertinent to mention here that this court while dealing with petitions of matrimonial quashing often comes across the settlement agreements being drafted by the Mediation Centres which are on a printed proforma. This court takes serious objection to it. The settlement on the printed proforma sometimes gives an impression that there is no application of mind and the settlement deed has been drafted mechanically. Therefore, The Mediation Centres and the Family Courts are directed to ensure that the settlement deeds are drafted properly and it should not be on a printed proforma.”
The Bench said this while dealing with a case related to the matrimonial dispute.
Advocates Sanjeev Kumar, Wahid Ali, and Ram Kamal Prasad appeared for the petitioners while APP Digam Singh Dagar and Advocate Aman Srivastava appeared for the respondents.
In this case, a petition was filed under Section 482 of the Cr.PC. seeking quashing of a case registered under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act. The petitioner No.1 i.e., the husband and respondent No.2 i.e., the wife got married in 2015 according to Hindu rites and ceremonies. However, certain temperamental differences and disputes cropped up between the parties due to which the parties were living separately since and thereafter, an FIR was lodged at the statement of the wife.
The counsel for the husband submitted that during the pendency of the proceedings, the parties entered into an amicable settlement vide deed. It was further submitted that the divorce was already granted vide decree of divorce in 2022 and that in pursuance of the terms of the settlement agreement, the husband had made a payment of Rs. 2,50,000/-.
The High Court after considering submissions of the counsel for the parties observed, “I consider that there would be no purpose of continuing with the trial as the parties have entered into the settlement voluntarily without any fear, force and coercion, and have decided to give quietus to the proceedings. It was a matrimonial dispute which has been amicably settled and thus the parties must be given a chance to move on with their lives.”
The Court noted that it has come across various settlement deeds which were not in consonance with the judgment of the Supreme Court in the case of Ganesh vs. Sudhirkumar Shrivastava (2020) 20 SCC 787.
“… the copy of settlement deeds which are annexed should be legible. … Let the copy of this judgment be circulated to all the Mediation Centres and the Family Courts with a direction to draft the settlement deed showing due application of mind and to ensure that the said deeds are drafted in consonance with judgment in Ganesh vs. Sudhirkumar Shrivastava (supra)”, directed the Court.
Accordingly, the High Court disposed of the petition.
Cause Title- Vivek Kumar & Ors. v. State & Anr. (Neutral Citation: 2023:DHC:5430)
