Delhi HC flags use of printed proforma for drafting settlement agreements in matrimonial cases
New Delhi, Aug 8 (IANS) The Delhi High Court has expressed strong displeasure over the practice of using printed proforma for drafting settlement agreements in matrimonial cases handled by mediation centres.
Justice Dinesh Kumar Sharma, presiding over the case, took serious objections with this approach saying that such standardised forms might convey an impression of mechanical drafting and a lack of genuine “application of mind” during the process.
The court directed both — mediation centres and family courts — to ensure that settlement deeds are prepared with due care and attention, avoiding the use of printed proforma.
The court said that the settlements need to be meticulously drafted, showing a thoughtful analysis of the circumstances and a genuine attempt to find a fair resolution.
“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 said.
Furthermore, it ordered that the copies of settlement deeds attached to petitions seeking the quashing of matters should be clearly legible.
The judgement issued by Justice Sharma was told to be disseminated to all mediation centres and family courts, urging them to align their practices with the principles outlined in the Supreme Court’s verdict in the case of Ganesh vs. Sudhirkumar Shrivastava.
“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 (Supreme
Court),” the judge said.
“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,” Justice Sharma said.