Ia property dispute between mother on one side and son and daughter-in-law on other side qua the dwelling house, the mediation attempt has been resorted to which after various rounds of sitting in the Supreme Court Mediation Center, has been finally resolved wherein mother has agreed to give vacant built up portion about 17 Sq. yds from ground to top floor to her son and further the mother has agreed to pay Rs. 50,000/- by way of cheque in the name of her son and further fixed deposit of Rs.50,000/- in the name of her grand daughter. That the son and daughter-in-law have agreed to give full respect to their mother and mother-in-law respectively and also would not abuse her and create scene before the general public. That the mother has accepted the unconditional apology tendered by the respondent before the Hon’ble Supreme Court on the date of hearing and also before the Supreme Court Mediation Center. That further the parties have agreed to withdraw cases pending between them, and finally the parties have agreed to restore healthy relation to create better atmosphere in future which has been made possible through the process of mediation by the Meticulous Effort of the Supreme Court Mediation Centre.
In a matrimonial discord between husband and wife, wherein out of said wedlock female child was born, after various sittings of the parties, the case has been settled between the husband and wife with the consistent effort of Supreme Court Mediation Centre. The husband and wife agreed to prefer application before this Hon’ble Court seeking divorce under Article 142 of the Constitution and in case of non grant of the same, by filing mutual consent divorce, before the Learned Trial Court. That the husband agreed to pay to the wife Rs. 50 lakhs as full and final settlement amount. That out of the said amount of Rs. 50 lakhs, the wife would invest an amount of Rs. 30 lakhs in saving for life and education of the girl child and also both the parties have agreed to withdraw all the cases pending between them and get it quashed after receipt of total sum by the wife. That it has also been agreed between the parties that the girl child shall remain in the custody of mother till she attains majority and after that the girl child on majority would be able to take her own decisions. That the parties have agreed that no claim whatsoever remains against each other and also against their family members. Thus by way of settlement agreement, both the party viz the husband and the wife got honorably separated which has been made possible by the earnest effort of the Supreme Court Mediation Centre and all the litigations between the parties ended peacefully which would save money, time, and bring harmony in society.
Mediation was done in a long drawn property dispute between wealthy senior citizen couple on one side and estranged widowed daughter-in-law and grand children on other side, who were economically weak and were litigating for their legal entitlements. During the course of mediation, the senior citizen couple was unwilling to make property related concession to the other party as they were affronted by marked lack of respect, love and affection to be given to the elderly couple by the children and their mother towards them especially in the fag end of life, when the elderly couple require love, care and respect in abundance, especially when the elderly couple are afflicted with variety of ailments and in such circumstances the family members are the source of comfort to each other. With this objective mediation was done and after much deliberation on this issue in the Supreme Court Mediation Centre, mediation resulted in tearful reunion between both the parties wherein the grand children hugged and cried with their grandparents and vowed to always respect and love them for all times to come. Mediation process brought estranged family member together again and restored faith in the noble concept of 'family'.
In a commercial dispute between one corporate bigwig and a middle class old man, mediation was done. The dispute was qua the payment of the decreetal amount of money, which after much deliberation and exhaustive sitting and after the endeavor of Supreme Court Mediation Centre the dispute was settled between the parties wherein the corporate giant agreed to pay Rupees 1, 25,000/- towards full and final settlement on the condition of the withdrawal of the special leave petition by the old man, which the old man readily agreed to. Thus, the Supreme Court Mediation Center drove the dispute to an amicable settlement wherein in the suffering of the old man emotionally, physically, and mentally has been brought to an end wherein legal rights and financial justification for both parties have been reached in most amicable manner at the Supreme Court Mediation Centre.
A matrimonial discord between HIV positive couple was referred to Supreme Court Mediation Centre. The woman was a divorcee and had a girl child from her previous marriage, whereas the male was a bachelor. Both got married, started living together and were blessed with a son and a daughter. However, soon after the birth of the child, the wife was not allowed to feed her son, being not told HIV positive. On coming to know the fact that wife became HIV Positive - not told due to her husband who was HIV positive, the relationship became estranged and from that day onwards they started living separately. By the indulgence of Supreme Court Mediation Centre, the dispute between the HIV positive couple has been resolved on payment of Rs. 7,00,025/- towards the full and final settlement and with the condition that the petitioner husband shall take care of all the three children, their education, marriage etc. till they attain majority. The husband agreed for visitation right to the wife in presence of local NGO, where children are studying. That on the above said condition both agreed to withdraw all the cases and also to make prayer for the divorce by the order of this Hon’ble Court under Article 142 of the Constitution of India. Thus, through the process of mediation and with the earnest effort of the Supreme Court Mediation Center, the dispute has been amicably settled.
Relationship between a husband and a wife got estranged and the husband and wife started living separately after 8-9 months of marriage. Different cases have been instituted between the parties, like for maintenance, initiation of criminal proceedings, petition for divorce and civil suit. In exhaustive sessions and discussions were held with the husband and wife, the parties were brought to a common platform. Misunderstandings were cleared and the ties between the husband and wife were restored. Husband and wife realized that they are the true mates and the wife agreed to go back to her matrimonial house and husband undertook to take care of her and also to lead a happy matrimonial life. Both the parties agreed to withdraw all the pending cases. Through mediation process, relationship of husband and wife, which was on the brink of coming to an end, had been restored.
Mediation helped resolve a financial dispute, between the one of the reputed Private Banks and an individual, wherein the individual lost his visa gold credit card of the Bank in a Foreign Country, during a conference which he had gone to attend. The individual received a monthly statement of the Bank wherein huge outstanding dues has been made on the gold credit card and the individual came to know that the card had been misused on a single day. As the transaction had not been done by him, the same was reported to the bank with request to block the card. The individual got legal notice served upon the Bank, whereupon the Bank offered a meager amount which was declined by the individual. The case came up for hearing before the Hon’ble Supreme Court of India, which referred the matter to Supreme Court Mediation Centre, wherein through the meticulous endeavour of Supreme Court Mediation Centre and the exhaustive sittings of the parties, the parties arrived at a settlement and the dispute stood resolved.
Mediation process helped solve in a commercial dispute between the two Private Limited Companies, wherein one company entrusted the consignment of garments to the second company, for delivery of the consignment on payment of the certain amount. However, the second company without obtaining the payment, delivered the consignment and resultantly dispute arose between both the parties wherein the both the parties being at loggerhead started litigating against each other. That the dispute finally reached the Hon’ble Supreme Court of India and the same was referred to Supreme Court Mediation Centre. Through mediation, parties arrived at a settlement which was reduced to writing. By way of settlement agreement, both the parties agreed to withdraw the complaints against each other. Thus, the dispute was finally settled by resorting to the process of mediation.
A couple was blessed with a baby daughter of 3 years of age. Unfortunately, after one year of marriage dispute arose between the parties and the wife allegedly went back to her parental house and thereafter the husband instituted the restitution of conjugal right petition before the Family Court. On the Transfer Petition being filed by the wife before the Hon’ble Supreme Court, the same was referred to the Supreme Court Mediation Centre, wherein by the expertise and skills of mediation, with great endeavour settled the matrimonial discord. The husband agreed to visit wife after getting leave from his work, and it was also agreed that the husband would spend time with his wife and daughter in a hotel or guest house wherein, there would not be any interference by the family members of either party and husband also agreed to withdraw the conjugal right petition. As per settlement, after expiry of a period of six months, if the husband and the wife decide to stay together, they would file appropriate applications. Thus, through mediation, the case has been amicably settled between the parties.
A
Muslim couple blessed with a daughter and a son, 8 years and 7 years old respectively, had a matrimonial discord after 4 years of marriage. They divorced each other. Before the Hon'ble Supreme Court of India, a Transfer Petition was filed by the petitioner-wife seeking transfer of custody of child case, which was instituted by the respondent-husband from Ld.Family court, Thrissur, Kerala to the Family Court, Pune, Maharashtra, where the petitioner-wife resided.
The Hon'ble Supreme Court referred the matter to Supreme Court Mediation Centre for amicable settlement. The process of mediation was conducted. The petitioner-wife while interacting in private sessions with the Mediator, told about maltreatment in the hands of her respondent-husband and mother-in-law which resulted in suffering, mental trauma to the petitioner-wife. As per the petitioner-wife, she was not been permitted to either talk to her parents or to any of her relatives. As per the wife, the behaviour of mother-in-law was also inimical towards her grand children and the grand children were seriously hurt with the behaviour of grandmother and resultantly the grand children always wanted to live with their mother.
Finally, the settlement was arrived at between the parties wherein both the parties undertook to withdraw all cases interse pending between them, before any Court of Law. It was agreed that respondent-husband would pay a total sum of Rs.16 lakhs towards maintenance and future expenses of their children. It was agreed that custody of daughter and son shall remain with the petitioner-wife and the father-respondent shall have only visitation rights to meet the children at Pune (Maharashtra), twice a month, subject to prior intimation to the petitioner-wife, and keeping into account convenience of the parties, and consent of the children. It was agreed that once in a calendar year during summer vacations, both the children will go and stay with father for 25 days, with the assurance by both parties, of safety and security of their children and further also that there shall not be any disturbance in their studies. It was also agreed between the parties that husband–respondent shall return all jewellery items in lieu of “Meher” fixed at the time of marriage as full and final settlement of her past, present and future claims.
A ,well earning working professional, married B on the condition that she would not work after marriage. Soon after marriage, they started living with A's parents at Roorkee. A and B started off their marriage on a good note. Soon after marriage, A booked a flat as an investment for B and started paying EMI towards the flat and also rented out their flat so that the rent covers the EMI.
A, midway lost his job and they became dependent on his parents. Differences cropped up amongst the couple. B left for her parental house and returned after few months to a new rented accommodation. Fights did not end there. One fine day A left the rented accommodation and attempted to commit suicide but better sense prevailed and returned to their rented accommodation. A failed to pay rent of the accommodation and B left for her parental house again. She delivered a baby girl. To add to their miseries, unfortunately the child was facing health issues and was diagnosed with a hole in her heart .
B and A failed to communicate with each other. A could not meet his daughter for three years. A wanted to dispose off the flat which was in B's name but she refused. EMI's kept mounting! Criminal complaints were filed against A and his parents by a third party with regard to the flat.
A filed Divorce Petition and B filed a transfer petition before the Hon'ble Supreme Court. The Hon'ble Court referred the matter for mediation.
In the first session, couple did not even look at each other during the entire session. As per A, B and her family members were creating legal hurdles, by introducing a third party, in the sale of their flat and in this regard a criminal complaint had been filed against A and his father. A wanted to sell the house as he was paying the EMI and could no longer pay the same. It was revealed, during mediation, that their child had a heart problem and has undergone operation.
Mediation sittings continued.
Slowly and steadily parties started to go for outing with the baby. Thereafter, thing started improving. A started to meet the baby in the mediation room and started building a bond with her.
Things were going smoothly and the parties reconciled with each other.
Matter was finally settled.
But A refused to go and bring B and the little baby from her maternal place and B refused to go unless A coming to her maternal place. Thereafter, A agreed to go outside the house of B and B too agreed to go with him and now they are happily settled together in their new house.
So, Supreme Court Mediation Center united a couple and their small child through the process of mediation.
C ivil Appeal Petitions were filed by the Petitioner, a real estate company, against the judgments of National Consumer Disputes Redressal Commission and Monopolistic and Restrictive Trade Practice Commission in favour of the buyers. The matter was referred for mediation by Hon'ble Supreme Court. The litigation was going on for more than 16 years without any relief to either parties. The dispute was on allegations of delay in delivery of flats for various reasons and increase in cost on account of escalation charges by the builder.
The project was initially offered in 1993 with the proposed possession in 1997 which finally happened in 2000 and after that, the parties were involved in litigation till date.
After more than 30 joint and separate sessions with the parties, matter was amicably settled. It was agreed that all the cases related to the dispute in contention, as filed in Hon'ble Supreme Court by the real estate company, will be withdrawn by them, real estate company agreed to pay variable amounts as settlement to buyers depending upon its understanding with each buyer as arrived in the mediation. The buyers indemnified the real estate company of any loss/injury, monetary or otherwise. In case of buyers, where real estate company has not given the possession of allotted flats till date, the same would be completed within a stipulated time as mentioned in the agreement.
Due to mediation process of Supreme Court Mediation Center, the 19 year old litigation came to an end and buyers become the complete owners of their respective properties and real estate company also got rid of litigations.
Acommercial dispute arose between a construction/real estate company and its buyer with respect to an apartment. Dispute was qua the payment of outstanding amount towards maintenance charges. National Consumer Disputes Redressal Commission (NCDRC) awarded compensation to the tune of Rs.2,00,000/- in favour of the buyer.
The judgment of NCDRC, was challenged before Hon'ble Supreme Court. The same was referred by the Hon'ble Supreme Court of India to Supreme Court Mediation Centre.
Various joint and private sittings were conducted by the Mediator of the Supreme Court Mediation Centre and finally settlement was arrived at.
It was agreed that the real estate/construction company would not pursue any claim against the buyer and shall not recover any amount towards interest on delayed payment of basic price and holding charges and it was further agreed that real estate/construction company shall directly settle outstanding amount, towards maintenance charges, with the Association till the date of handing over possession of the apartment to the buyer and shall not recover any amount from the buyer till that date.
It was agreed that the amount which was lying in the deposit by the buyer, towards interest free security deposit, shall be transferred by the real estate/construction company to the account of Association and the buyer also agreed not to press for any payment towards compensation to the tune of Rs.2,00,000/- as awarded by NCDRC and the buyer shall settle payment towards maintenance charges with Association relating to the period, after the date of taking over possession, for which the real estate/construction company, shall not in any manner be responsible.
Further it has also been agreed that after the disposal of case by the Hon'ble Supreme Court of India, in view of the settlement arrived between the parties, the buyer shall visit the office within a week to sign complete papers and the real estate/construction company shall register the Sale Deed in favour of the buyer within 15 days thereafter. Matter was finally settled by Supreme Court Mediation Centre.
Matter of parties litigating under Section 138 of Negotiable Instruments Act, came up before hearing before Hon'ble Supreme Court, which was referred to Supreme Court Mediation Centre.
A took chemical products from B company and issued cheques in favour of B company, which were dishonoured. Complaints under Section 138 of Negotiable Instruments Act were filed by B against A. A filed Transfer Petition before the Hon'ble Supreme Court seeking transfer of the criminal cases from one District to another.
The Mediation proceedings were held. The parties entered into agreement and amicably settled their disputes. It was agreed that A shall pay to B company, a sum of Rs.14,00,000/- (Rupees Fourteen lakhs only) as full and final payment, in four installments, by way of demand draft only, in favour of B company. It was agreed that after the complete payment of Rs.14,00,000/- (Rupees Fourteen lakhs only), B company will withdraw the cases filed by them against A. Matter was finally resolved by the Supreme Court Mediation Centre.
Atenant and a landlord had a long standing dispute, wherein the landlord filed an eviction petition against the tenant for the tenancy premises. The Ld.Trial Court passed an order of eviction against the tenant. The Rent Control Tribunal (RCT) set aside the said eviction order. The said order of the RCT was confirmed by the Hon'ble High Court of Delhi. Against the said order of the Hon'ble High Court of Delhi, the petitioner-landlord filed Special Leave Petition against the respondent-tenant. The matter was sent to Supreme Court Mediation Centre.
After having several sessions with the parties, parties agreed to amicably resolve the dispute and tenant agreed to handover the vacant, peaceful, physical possession, of the tenanted premises to the landlord.
The petitioner-landlord agreed to handover the Demand Draft of a sum of Rs.12,00,000/-(Rupees Twelve lakhs only) in the name of tenant firm for maintenance, repair and upkeep of premises done by the tenant firm in the past. Tenant firm also agreed to clear all the outstanding dues in respect of electricity charges, and also agreed to assist and help the petitioner-landlord towards transfer/disconnection of electricity connection which stands in their name.
It was also agreed that, the petitioner-landlord would not raise any claim on account of the ground of damages, renovation, repairs or restoration work, in respect of the tenanted premises. Thus, five decades old dispute between a petitioner-landlord and a respondent-tenant was amicably resolved by process of mediation done in Supreme Court Mediation Centre.
Dispute arose between a couple married as per Christian rites and customs. Couple was blessed with two children. Hon'ble Supreme Court referred the matter to Supreme Court Mediation Centre when wife filed transfer petition.
Several mediation sessions were done in the Supreme Court Mediation Centre to help the couple to resolve their differences. Ultimately, couple settled their dispute and agreed to forget the past and move ahead in their life without commenting or taunting each other on their previous act and conduct. It was further agreed between the parties that they will live jointly with their children.
The parties agreed to withdraw all civil and criminal cases filed and pending against each other. The parties agreed that they would make all endevour to make their marriage work and the husband and wife shall fulfill all martial obligation towards each other. The husband assured to fulfill his responsibilities towards welfare of wife and children and education of children.