Vivek Kumar & Ors. v/s State & Anr; CRL.M.C. 5205/2023
The High Court of Delhi recently passed a judgment regarding the drafting of settlement deeds in cases of matrimonial disputes. The court directed the mediation centers and family courts to ensure that the settlement deeds are drafted properly and not on a printed proforma.
The Hon’ble Court emphasized the importance of due application of mind while drafting the settlement deeds. It was also observed by the court that the settlement agreements being drafted by the mediation centers are on a printed proforma, which sometimes gives an impression that there is no application of mind and the settlement deed has been drafted mechanically. The court took serious objection to this and directed the mediation centers and family courts to ensure that the settlement deeds are drafted properly.
The Hon’ble High Court while referring to the judgment of the Hon’ble Supreme Court in Ganesh v/s Sudhirkumar Shrivastava (2020) 20 SCC 787, wherein it was held that the parties cannot give up the rights which vest in the daughter insofar as maintenance and other issues are concerned. The court set aside a paragraph of the consent terms and directed the parties to draft the settlement deed showing due application of mind.
Thus, the court emphasized that the settlement deeds should be drafted properly and not on a printed proforma. The parties should be given sufficient time to understand the terms and conditions of the settlement agreement and should be allowed to negotiate the terms if required. The settlement agreement should be recorded as per the agreed terms and conditions, and the parties should sign the agreement after carefully reading over and fully understanding and appreciating the contents, scope, and effect thereof.
Author of this article:
Adv. Ravish Bhatt,
Partner, R&D Law Chambers,
Dual Qualified Lawyer Solicitor | International Tax Affiliate
Connect with Mr. Bhatt on Linkedin: https://www.linkedin.com/in/adit-ravishbhatt/
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