Parties Cannot Casually Back Out of Mediation Agreements: Kerala High Court

The Kerala High Court has held that parties cannot casually withdraw from mediation agreements, cautioning that such conduct undermines public trust in the legal system.

The Court made these observations while dismissing a husband’s appeal against a family court decree based on a mediated settlement.

The dispute arose from the husband’s cruelty-based divorce and his claim over a disputed property, while the wife sought maintenance, gold ornaments, and her patrimony. The husband contended that his brother, acting as his power of attorney, consented to the settlement without his approval.

The Court rejected this claim and upheld the decree, emphasizing that the highest sanctity must be accorded to mediation-based judgments. 

[P.V. Padmanabhan v. Sunitha K]