The Chhattisgarh High Court confirms that an appeal arising under Section 19(1) of the Family Courts Act can be disposed of in terms of an amicable settlement reached at the court’s Mediation Centre. This judgment affirms precedent, reinforces the enforceability of mediated settlements, and serves as binding authority for all subordinate courts handling matrimonial appeals.
Summary
| Category | Data |
|---|---|
| Case Name | FA(MAT)/190/2025 of SMT. MINAKSHI VAISHNAV Vs KULDEEP VAISHNAV |
| CNR | CGHC010199192025 |
| Date of Registration | 26-05-2025 |
| Decision Date | 27-10-2025 |
| Disposal Nature | DISPOSED OFF |
| Judgment Author | HON’BLE SMT. JUSTICE RAJANI DUBEY, HON’BLE SHRI JUSTICE AMITENDRA KISHORE PRASAD |
| Court | High Court Of Chhattisgarh |
| Bench | Division Bench (Smt. Justice Rajani Dubey & Shri Justice Amitendra Kishore Prasad) |
| Precedent Value | Binding on subordinate courts |
| Type of Law | Family law / Matrimonial – Appellate/Procedure |
| Questions of Law | Whether a matrimonial appeal under Section 19(1) of the Family Courts Act can be disposed of on mediation settlement. |
| Ratio Decidendi |
The Court held that when parties have amicably settled their matrimonial dispute at the court’s Mediation Centre, and record their consent free of coercion, the appeal can be disposed of in terms of the mediated settlement. The terms of settlement are incorporated as part of the final decree, giving it binding effect. The Court emphasised the voluntary nature of the settlement, absence of coercion, and the comprehensive resolution of all pending disputes as conditions for such disposal. The disposal of appeal in this manner is proper and within the powers of the appellate court under the Family Courts Act. |
| Facts as Summarised by the Court | The parties, during the pendency of the appeal, agreed to settle their disputes amicably and were referred to the Mediation Centre, where they executed a detailed settlement agreement resolving all issues relating to custody, maintenance, and withdrawal of pending proceedings. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Chhattisgarh dealing with matrimonial appeals. |
| Persuasive For | Other High Courts and the Supreme Court in matters concerning mediation settlements in family law appeals. |
What’s New / What Lawyers Should Note
- The judgment affirms that matrimonial appeals under Section 19(1) Family Courts Act can be conclusively disposed by recording terms of a mediated settlement as part of the decree.
- Parties’ comprehensive settlement—including custody, maintenance, and mutual withdrawal of pending proceedings—was recognised and given binding force without further inquiry when recorded voluntarily at mediation.
- Lawyers should ensure the voluntary and comprehensive nature of settlement is clear in the record to ensure its enforceability.
- This approach expedites resolution and prevents multiplicity of proceedings.
Summary of Legal Reasoning
- The Court noted that both parties, represented by counsel, amicably settled their dispute before the Mediation Centre of the High Court, and recorded their statements and settlement terms.
- After considering submissions from both parties and reviewing the terms of the settlement, the Court was satisfied that the agreement was voluntary and comprehensive.
- The appeal was accordingly disposed of in terms of the mediated agreement, and the terms of settlement were made an integral part of the judgment and decree.
- The procedure followed is within the powers conferred by the Family Courts Act and aligns with the objective of encouraging settlement in matrimonial disputes.
Arguments by the Parties
Appellant:
- Agreed to settle the matrimonial dispute amicably.
- Consented without coercion to the terms regarding custody and maintenance.
Respondent:
- Accepted the settlement, including lump sum payment for maintenance.
- Consented to the terms relating to custody and mutual withdrawal of pending cases.
Both parties:
- Jointly requested the Court to dispose of the appeal on the basis of the settlement reached at the Mediation Centre.
Factual Background
The appellant challenged a decree of divorce granted under Section 13(1)(i-a) of the Hindu Marriage Act by the Family Court. During pendency of the appeal, both parties agreed to resolve all disputes amicably. The High Court referred the matter to its Mediation Centre, where a written settlement was executed, addressing future custody, maintenance (lump sum payment), and withdrawal of all pending cases between the parties.
Statutory Analysis
- Section 19(1) of the Family Courts Act: Provides for appeals from the judgments and decrees of Family Courts to the High Court.
- Section 13(1)(i-a) of the Hindu Marriage Act, 1955: Ground of cruelty for dissolution of marriage.
- The judgment reflects that Mediation Centre settlements, when voluntarily entered and agreed to in court, can be incorporated in final decrees under these statutory provisions.
Procedural Innovations
- The case reaffirms and utilises the procedure of referring matrimonial appeals to the Mediation Centre for amicable settlement.
- The terms of the mediated settlement were expressly incorporated as part of the final decree of the Court, ensuring direct enforceability.
Alert Indicators
- ✔ Precedent Followed – The judgment upholds existing procedures and confirms the binding nature of mediation settlements in disposing of matrimonial appeals.