04-09-2024, 01:31 PM
A settlement agreement was arrived at on 18 March 2023 in the course of mediation before the Supreme Court Mediation Centre. The parties agreed to withdraw the proceedings between them; the respondent agreed to return the stridhan of the petitioner and to facilitate her residing with him.
The respondent resides in Canada.
During the course of the hearing, it has emerged that a complaint was lodged by the petitioner on 29 November 2023, on the basis of which an FIR has been registered against the respondent.
During the course of the hearing, it has emerged from the submissions which have been made by counsel for the respondent that he is not willing to cohabit with the petitioner.
The agreement between the parties that they would cohabit together cannot be enforced by a peremptory order of this Court. That is ultimately a matter of choice and discretion between the parties. However, in order to explore whether the entire matrimonial dispute can be resolved in alternate terms, it is agreed that the parties shall once again take recourse to mediation through the Supreme Court Mediation Centre. They shall appear before the Supreme Court Mediation Centre on 15 April 2024 at 2 pm.
The respondent is permitted to appear through an online platform at the first hearing. However, he shall abide by such directions as may be issued by the Mediator for appearance thereafter.
The proceedings shall be listed before this Court after the conclusion of the mediation proceedings and receipt of the report of the Mediator.
The respondent resides in Canada.
During the course of the hearing, it has emerged that a complaint was lodged by the petitioner on 29 November 2023, on the basis of which an FIR has been registered against the respondent.
During the course of the hearing, it has emerged from the submissions which have been made by counsel for the respondent that he is not willing to cohabit with the petitioner.
The agreement between the parties that they would cohabit together cannot be enforced by a peremptory order of this Court. That is ultimately a matter of choice and discretion between the parties. However, in order to explore whether the entire matrimonial dispute can be resolved in alternate terms, it is agreed that the parties shall once again take recourse to mediation through the Supreme Court Mediation Centre. They shall appear before the Supreme Court Mediation Centre on 15 April 2024 at 2 pm.
The respondent is permitted to appear through an online platform at the first hearing. However, he shall abide by such directions as may be issued by the Mediator for appearance thereafter.
The proceedings shall be listed before this Court after the conclusion of the mediation proceedings and receipt of the report of the Mediator.