IV Year B.A.

LLB (Div- D) – Semester-VIII (2024)

2ND INTERNAL MEDIATION
Drafting of Mediation Settlement Agreement
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NAME: KESHAV TOMAR

DIVISION: D Word count-

PRN: 20010125533 2024

COURSE: BA LL.B. (H)

BATCH: 2020-2025
 HYPOTHETICAL PROBLEM

Parties involved in the Mediation

 Complainant-Wife- Ms. Priya Deshmukh

 Accused-Husband-Mr Rohan Mehta

Mr Rohan Mehta and Mr Rohan Mehta were united in marriage on 15 th June 2017, following
Hindu rites and custom. Subsequently, Priya began her married life with Rohan and his
family in their ancestral home located in Shivaji Nagar, Pune-Maharashtra. Mr. Rohan Mehta
is a Chartered Accountant by profession and Ms Priya Deshmukh employed in an IT
company in Pune.

The initial years of their marriage passed without any incident, with both Priya and Rohan
enjoying a harmonious. However in January, 2019, Priya started to feel undue pressure from
Rohan and his parents regarding her career choices and financial contributions to the
household. Despite being a successful software engineer, Priya was encouraged to switch
careers for a more lucrative position as per the family’s expectations.

By November, 2021 the situation escalated when Priya was passed over for a promotion due
to her taking maternity leave. The stress at work, coupled with the constant pressure at home,
led to a significant strain on their marriage. After a particularly intense argument in March,
2022 Priya decided to leave the matrimonial home and stay with her parents.

Living apart, Priya and Rohan adapted to their separate lives. In April, 2022, Priya discovered
she was pregnant. She informed Rohan, who expressed his desire to be involved in the child’s
life. Priya gave birth to a son, Arav Mehta, on 10 th December, 2022 but chose to continue
living with her sister, citing the unresolved issues with Rohan.

Rohan, longing to be a part of his son’s life and his parents, eager to meet their grandchild,
began to implore Priya to return home and mend their relationship. In response to their
persistence, in October 2023, Rohan initiated a custody case under section 25 of the
Guardianship and Wards Act, 1890, titled Rohan Mehta V. Priya Deshmukh, which is
currently pending before the Hon’ble Justice Meera Khanna, Ld. Additional Principal Judge,
Family Court, Pune, Maharashtra.

Feeling harassed by the continuous demands and emotional turmoil, Priya filed a petition
under section 12 of the protection of women from domestic violence Act, 2005, named State
of Maharashtra vs. Rohan Mehta and Ors, which is pending before the Hon’ble justice Rajesh
Joshi, Chief Judicial Magistrate, Pune, Maharashtra. She lodged a criminal complaint vide
FIR no. 2103057840/23, under section 498A/406/34 of the Indian Penal Code, at shivaji
Nagar Police station. Consequently, Rohan’s application for anticipatory bail was pending
before before Hon’ble Justice Nandini Shah, at court of chief Judicial Magistrate, Pune.

The criminal complaint was referred to the mediation to afford parties an opportunity to
resolve their differences in a non-adversarial manner. During the mediation sessions, Priya
and rohan were given the chance to communicate their concerns and interests both together
and private sessions. Ultimately, they both agreed that it would be in their best interest to
dissolve the marriage amicably.

As a result, Priya and Rohan reached a consensus on various terms and conditions, which
were documented in their Mediation settlement agreement dated 15.03.2024. The agreement
outlines the arrangements for their son’s custody, visitation rights, financial support and the
division of marital assets.

A copy of the mediation settlement Agreement is annexed herewith for reference.

 IN THE MEDIATION CENTRE, DISTRICT AND SESSIONS COURTS, PUNE

In the matter of:

State of Maharashtra (complainant Ms. Priya Deshmukh) vs. Mr. Rohan Mehta

FIR No. 2103057840/23

U/s. 498A/406/34 IPC

Case received from the court of:

Hon’ble justice Rajesh Joshi, Chief Judicial Magistrate, Pune, Maharashtra

MEDIATED SETTLEMENT

Date: 15.03.2024

Present:

 Ms. Priya Deshmukh (Complainant) in person (hereinafter referred to as “wife”)

along with her father Mr. Vinod Deshmukh and her Advocate Ms’ Riya Gaikwad.
 Mr Rohan Mehta (Accused) in person (hereinafter referred to as “husband”) in person
along with his father Mr. Paresh Mehta and his Advocate Mr Rahul kelkar

This case has been received from the court of Hon’ble Justice Rajesh Joshi, Chief Judicial
Magistrate, Pune. The same has been marked to me for the Mediation by Ld. Judge In-
charge, Mediation Centre, District and sessions courts, Pune, Maharashtra.

Mr rohan Mehta and Ms Priya Deshmukh got married on 15.06.2017, in accordance with
hindu rites and customs. Priya commenced her married life with Rohan and his family in their
ancestral home in Shivaji Nagar, Pune. After early years of harmonious marriage, Ms Priya
began experiencing pressure from Mr Rohan and his parents regarding her career preferences
and financial contribution to towards household from January, 2019. She was being forced to
switch to more well-paid position to meet expectations. The tension in relationship escalated
when promotion was denied to Ms Priya due to maternity leave in November, 2021. After a
heated argument in March, 2022, Ms Priya decided to leave the matrimonial home and
resided with her parents. While Mr Rohan and Ms Priya were adapting to their separate lives,
it was discovered in April, 2022 that Ms Priya was pregnant and same was informed to Mr
Rohan, who desired to be involved in the child’s upbringing. On 10.12.2022, Priya gave birth
to their son Arav while living separately with sister due to unresolved issued with Rohan.

As set forth by the parties, following disputes are pending between Mr. Rohan and Ms Priya:

A) The husband had filed a custody petition under section 25 of the Guardianship and
Wards Act, 1890, titled Rohan Mehta V. Priya Deshmukh, pending before the
Hon’ble Justice Meera Khanna, Ld. Additional Principal Judge, Family Court, Pune,
Maharashtra
B) The wife had instituted petition under section 12 of the protection of women from
domestic violence Act, 2005, named State of Maharashtra vs. Rohan Mehta and Ors,
which is pending before the Hon’ble justice Rajesh Joshi, Chief Judicial Magistrate,
Pune, Maharashtra
C) The wife had also filed a criminal complaint vide FIR no. 2103057840/23, under
section 498A/406/34 of the Indian Penal Code, at shivaji Nagar Police station.
Wherein application for anticipatory bail is pending before before Hon’ble Justice
Nandini Shah, at court of chief Judicial Magistrate, Pune.

The disputants has been referred for mediation.

After thorough discussions and negotiations facilitated by mediation, both Ms Priya

Deshmukh and Mr. Rohan Mehta have reached a comprehensive agreement to resolve their
marital disputes. The wife and husband had negotiated following terms and conditions:

1. The wife and husband had mutually agreed to dissolve their marriage through decree
of divorce by mutually consent, without levelling any allegations or counter allegation
each other in accordance with the provisions of law.
2. Both parties agree to initiate appropriate legal proceedings for recoding of First
Motion u/s 13(B) (1) of Hindu Marriage Act on or before 31.03.2024 before the court
of competent jurisdiction at District and Sessions Courts, Pune.
3. It is agreed between the parties to initiate legal proceeding for recording second
motion committedly u/s 13(B) (2) of Hindu Marriage Act before the competent
Jurisdiction of District & Sessions Court, Pune within stipulated period after
institution of first motion in accordance of procedure.
4. The husband Mr Rohan Mehta agrees to pay a total sum of Rs 12, 15,000/- (Rupees
twelve lakh fifteen thousand only) to the wife-Ms Priya Deshmukh, to cover all her
legal entitlements arising from their marriage. This amount would include permanent
alimony, maintenance, stridhan, maintenance of the child until they reach age of
majority and other miscellaneous and legal expenses.
5. It is further agreed that that the settled amount will be paid by Husband to the wife in
following manner:
a) Rs. 405000(rupees four lakh five thousand only) shall be paid at the time of
recording of first motion aforesaid in clause 2 by the husband to the wife through
cash/DD/Cheque before the said court.
b) It is agreed that another instalment of Rs. 405000(rupees four lakh five thousand
only) shall paid by Mr. Rohan Mehta at the time of recording of 2 nd motion before
the said court to Ms Priya Deshmukh through Cash/DD/Cheque.
c) The balance amount of Rs. 405000(rupees four lakh five thousand only) shall be
paid by the husband to the wife, after quashing of FIR No. 2103057840/23.
6. It is mutually agreed that Ms Priya Deshmukh shall have the permanent custody of
their child Arav till the age of majority, upon which his discretion would prevail.
7. Mr. Rohan Mehta shall be entitled to visitation rights as specified-
a) The husband will have visitation rights to meet the child 6 times a year.
b) He will provide one-week prior notice to the wife, in the presence of either the
wife or a senior family member, for a duration of four-five hours each time.
c) The visitation will take place at a location agreed upon by both parties, prioritizing
the convenience and well-being of the child.
8. The parties agree to communicate through their respective email or any other written
mode of communication. Any changes in residential addresses or contact information
shall be promptly communicated to the respective party within five days.
9. Ms. Priya Deshmukh will cooperate in transferring the car bearing no. MH-12-QT-
2321 to the husband, with expenses shared equally.
10. Ms Priya Deshmukh will issue a No Objection Certificate (NOC) to convert the joint
loan application into the name of husband, with no further claims on the property of
Mr. Rohan Mehta.
11. It is agreed by the wife that she shall not oppose the grant of anticipatory bail of the
accused- husband and wife shall not be create any hindrance in case husband travel
abroad either for his professional assignment or any other personal reason.
12. It has been mutually agreed by the parties that their respective cases will be
withdrawn in the following manner:
a) The husband had agreed to withdrew the custody petition of Rohan Mehta vs.
Priya Deshmukh filed u/s 25 of the guardianship and wards Act, pending before
the Hon’ble Justice Meera Khanna, Ld. Additional Principal Judge, Family Court,
Pune, Maharashtra
b) The wife agreed to withdrew petition under section 12 of the protection of women
from domestic violence Act, 2005, named State of Maharashtra vs. Rohan Mehta
and Ors, which is pending before the Hon’ble justice Rajesh Joshi, Chief Judicial
Magistrate, Pune, Maharashtra
c) It had been agreed by the wife for initiating appropriate legal proceeding for quashing
criminal complaint vide FIR no. 2103057840/23, under section 498A/406/34 of the
Indian Penal Code, at shivaji Nagar Police station and all consequential proceedings
arising out of said FIR within 15 days after dissolution of marriage.
d) It is further agreed that wife shall cooperate in all legal proceedings for quashing of
FIR no. 2103057840/23 and all other proceeding arising out of that FIR.

13. Upon fulfilment of the terms outlined in this settlement, all disputes arising from the
marriage shall be considered resolved, and both parties agree not to initiate any civil
or criminal proceedings against each other in the future. Additionally, it has been
agreed that any pending cases or complaints between the parties before any court or
authority shall be withdrawn or disposed of by the respective party.
14. Both parties acknowledge the consequences of breaching the terms of this mutually
negotiated settlement. Wilful disobedience may result in contempt of court
proceedings and other legal actions for the enforcement of this settlement.
15. It is mutually agreed that the parties entered into this settlement of their own volition
and consent, without any coercion, fear, or undue influence from any party.
16. The parties affirm their commitment to abide by this settlement and pledge to
cooperate fully in its execution through every possible means.
 (Accused)
(Complainant)

.
(Father of the Complainant) (Father of the Accused)

(Advocate of the Accused)

(Advocate of the Complainant)

The terms of the settlement have been conveyed to the parties in their vernacular language
and they have acknowledged their understanding and correctness.

Copies of the settlement will be provided to both parties and also submitted to the releavant
courts handling the related cases. The parties and also submitted to the relevant courts
handling the related cases. The parties are required to appear before the respective Ld. court
at 11:00 AM on the next scheduled hearing date, i.e. 22.03.2024

Mediator: Keshav Tomar

MEDIATION CENTRE DISTRICT & SESSIONS COURT,

Pune, Maharashtra