Where settlement happens
- Mediation centres attached to the Delhi district courts and High Court.
- Counselling in family courts.
- Direct negotiation through lawyers, recorded before the court.
What a settlement usually covers
- Divorce by mutual consent, or reconciliation terms.
- Permanent alimony and payment schedule.
- Custody, visitation and child maintenance.
- Return of stridhan and belongings.
- Division of joint property and loans.
- Closure of pending civil and criminal cases.
Closing criminal cases after settlement
Some offences can be compounded; others cannot. A case under section 85 of the Bharatiya Nyaya Sanhita (formerly section 498A IPC) is usually closed after settlement by a petition to the High Court to quash it under section 528 of the Bharatiya Nagarik Suraksha Sanhita (formerly section 482 CrPC). The Supreme Court in Gian Singh v. State of Punjab (2012) recognised this power for matrimonial disputes.
Why sequencing matters
Payments, withdrawal of cases and the divorce decree should be linked in the agreement so neither side is left exposed. We draft settlements with that sequencing built in.
Related pages
Frequently Asked Questions
Is a mediated settlement binding?
Can criminal cases be withdrawn by agreement?
Do we have to attend mediation?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.