RESHMA MAJEED Vs. SHAMEER BABU

JUDGEMENT

(1.) Challenge in the above proceedings instituted under Art. 227 of the Constitution of India is against a common order passed by the Family Court, Thrissur in I.A. Nos.1832/2018 and 1833/2018 in I.A. No.802/2018 in O.P. No.337/2017 dated 16th April 2018.

(2.) The petitioner herein is the mother of a minor child, who was opposing O.P.337/2017 filed by the respondent(father) before the Family Court seeking permanent custody of the child. While the said O.P was pending, the parties have settled the issues involved therein, along with other litigations to which they were parties. A mediation agreement was drawn on 21.8.2017. The terms of the agreement, inter alia consisted of entrustment of the minor child in the permanent custody of one of the parents. Accepting the mediation agreement, all the litigations, including O.P.337/2017, were disposed of by the Family Court. The petitioner later came to understand that the mediation agreement signed by her did not reflect the true consensus arrived at between the parties and it was only as a result of a fraud played on her. She therefore, filed I.A. No.802/2018 before the Family Court, Thrissur for setting aside the mediation agreement on the ground of fraud by invoking the proviso to Order 23, Rule 3 of CPC.

(3.) Her case is that, she subscribed her signature in the mediation agreement without understanding the true contents thereof and neither the lawyers nor the mediator who prepared the agreement had explained to her the terms and conditions in the agreement, before her signature was obtained. She assumed while signing the agreement that, it contained the same terms and stipulations already agreed upon between parties in the course of the mediation. Her lawyer too signed the mediation agreement very mechanically and without trying to understand the terms therein. No attempt was made by her lawyer to explain to her the terms of agreement.