In this way, the agreement can be applied directly by a court in the event of an unfortunate unilateral breach. In accordance with the provisions of section 14 of the Hindu Marriage Act, 1955, no application for divorce may be made within one year of the solemnization of the marriage. However, in certain exceptional circumstances, the Tribunal may authorize the filing of the case before the end of the year. . first class judge Pathanamthitta. It is also apparent from the settlement agreement that the parties had agreed to file a joint application for divorce in the family court. complied with the terms and provisions of the settlement agreement and, as agreed in the settlement agreement, an application for a mutual divorce decision. in a memorandum of settlement agreement of 16.6.2015 The agreement stipulates that the complainant paid the defendant wife, in full and finality of her rights, the amount of paragraph 2.00.000. While it takes more than a signed divorce decree to rebuild your life, a divorce agreement is the foundation of this new foundation. You can`t just cut off your previous life. The divorce agreement deals with many issues relating to your financial stability after the divorce and should not be taken into account, especially for women not active in India, who are normally at the end of the application.
With respect to set-aside, courts have generally not understood that while legal fiction treats settlement agreements as an arbitral award, there is nothing that compels the court to consider mediation/mediation as an arbitration proceeding or a conciliator/mediator as an arbitral tribunal. In several cases, the parties have attempted to impose settlement agreements negotiated under the Act. The pioneering judgment was delivered by the Hon`ble Delhi High Court of Shri Ravi Aggarwal v. Shri Anil Jagota (2009) SCC Online Del 1475. . .