New Delhi (Agency): The Delhi High Court has recently expressed its concerns over the way matrimonial settlement agreements are being handled. The court noticed that mediation centres have been using printed proforma (pre-filled forms) for these settlements. They stated that these documents must reflect careful thought and understanding.
Justice Dinesh Kumar Sharma commented, “It is pertinent to mention here that this court… often comes across settlement agreements being drafted by the mediation centres which are on a printed proforma. This court takes serious objection to it.” The court believes that such an important matter should be addressed with more care, and not through a one-size-fits-all printed form.
This observation came to light when the court was working on a case where they decided to cancel criminal actions against a man. The couple, involved in the case, had already ended their marriage legally and settled their differences peacefully. Justice Sharma mentioned, “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… 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 couple in question had married in 2015 but faced challenges in their relationship within a year, leading them to live separately.
The use of these printed proforma for settlements can suggest that there’s a lack of careful consideration in the process. It might seem as though the agreements were created without putting much thought into them. “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 court clarified.
Furthermore, the court pointed out that some of these printed agreements are not even in line with the Supreme Court’s rulings. This is alarming, as every court ruling should respect and follow the decisions made by the Supreme Court.
To ensure clarity and understanding, the Delhi High Court emphasized that every copy of the settlement agreements should be easily readable. They added a directive, saying that a copy of their decision on this matter should be sent to all mediation centres and family courts. This would be a reminder for them to carefully draft these settlement agreements, showing that they have indeed applied their minds to each unique case.
