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Arbitration/Other Options for Matrimonial Couple
11-Sep-2026 (In Divorce Law)
Couple settled, got divorce decree, & FIR 498A was also quashed on basis of mutual settlement. Now, post-divorce, if parties want to initiate discussions, potentially to modify their agreement, or resolve other disputes, & if they want to stay out of court/agencies, can arbitration qualify? People say arbitration cannot take up criminal matters. But FIR was quashed. They won’t be able to have good discussions w/o talking about past FIR. If not arbitration, they have to go back to the agencies?
Once mutual consent divorce is granted and FIR u/s 498A is quashed by High Court u/s 528 BNSS [482 CrPC] on basis of settlement, the criminal proceedings come to an end. No criminal matter remains pending.
It is correct that criminal offences are non-arbitrable as held in _Booz Allen Hamilton vs SBI Home Finance_ and _Vidya Drolia vs Durga Trading_ by Supreme Court.
However, in your case you are not seeking adjudication of the criminal case before an Arbitrator. The FIR already stands quashed. You only want to discuss / modify the civil consequences arising out of the matrimonial settlement - like property, stridhan, maintenance, or other terms.
Disputes over civil rights arising from a contract/settlement are arbitrable. If your MOU has an arbitration clause, you can appoint a sole Arbitrator under Arbitration and Conciliation Act, 1996. Reference to the quashed FIR as background facts will not make it non-arbitrable.
However, for post-divorce discussions, Mediation under Sec. 89 CPC and Mediation Act, 2023 is more practical and amicable than Arbitration, if you want to stay out of court/agencies. Arbitrator cannot modify the divorce decree itself, for that you have to approach the same family court.
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Adv. Anchal
Adv. Anchal
Delhi | 5+ Answers
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Yes, mediation/private negotiation would be the more appropriate route than arbitration. Although the earlier 498A FIR was criminal in nature, since it has already been quashed, the parties can discuss the past dispute as background while negotiating any modification or fresh settlement. However, the criminal allegations themselves cannot be adjudicated by an arbitrator.
They can approach a court-annexed/independent mediator and, if a fresh settlement is reached, execute a Supplementary Settlement Agreement. If any term requires modification of an existing court decree, appropriate orders of the competent court may be required.
Please contact me for further discussion so that I can review the settlement agreement and court orders and advise the appropriate legal course.
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Adv. Jayatee Chatterjee
Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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While arbitration is generally banned for personal marital disputes, Indian law heavily promotes Mediation and Conciliation instead.
The Family Courts Act: Courts mandatorily refer couples to a Mediation Centre before starting trial proceedings to explore a mutual settlement.
Settling Criminal Family Disputes: If a criminal case (like domestic violence or dowry harassment) has already been filed, the couple can still undergo formal mediation. If they reach a mutual settlement, they can approach the High Court to quash (cancel) the criminal case based on that settlement agreement.
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Adv. Rajeev Kumar
Adv. Rajeev Kumar
Delhi | 25+ Answers
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It's better you guys approach to the Hon'ble High Court to initiate a pre-institution mediation and the settlement done there will be as valid as a court's decree itself. It's the only and the best option you've got. There is a proper procedure available online. An expert advocate who knows and has dealt with cases like yours can get it done effectively. Good luck.
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Adv. Puneet Srivastava
Adv. Puneet Srivastava
Delhi | 700+ Answers
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Yes, arbitration can be considered, but not for the criminal aspect itself. A past FIR under Section 498A IPC having been quashed pursuant to a settlement does not prevent the parties from discussing or resolving subsequent civil/contractual/family disputes privately.
However, arbitration is possible only where the subject matter is legally arbitrable and there is a valid arbitration agreement. Matters such as modification of property/financial obligations or other contractual disputes may be referred to arbitration. Questions relating to divorce, matrimonial status, custody, or criminal prosecution generally cannot be decided by an arbitrator.
If the parties need to discuss the circumstances surrounding the old FIR, they can certainly do so in mediation/conciliation or private settlement discussions. They do not automatically have to approach the police or other agencies merely because the past FIR is discussed. If a genuinely new criminal offence is subsequently committed, however, parties cannot contractually prevent the appropriate authorities from acting.
For this situation, private mediation followed by a carefully drafted settlement agreement may be more suitable than arbitration, particularly if the objective is to preserve confidentiality and avoid renewed litigation.
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Adv. Kawaljit Singh Bhatia
Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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