SC urges mediation, warns against courts as battleground in divorce
SC urges mediation, warns against courts as battleground in divorce
SC calls for mediation in matrimonial disputes as it dissolves a 65-day marriage after 13 years apart, citing irretrievable breakdown.
The Supreme Court warned that warring couples cannot settle scores by treating courts as their battlefield and choking the system. The bench, comprising Justices Rajesh Bindal and Manmohan, said parties should explore mediation for early resolution, especially before litigation escalates. "If there is no compatibility, there are modes available for early resolution of disputes. Process of mediation is the mode which can be explored at the stage of pre-litigation and even after litigation starts," the court said.
The court exercised its power under Article 142 of the Constitution to dissolve the marriage, noting an irretrievable breakdown of the relationship. It stressed that in matrimonial disputes, evidence can be collected and, in some cases, even created, a concern amplified in the AI era. The bench urged earnest efforts to resolve disputes at the earliest, before parties adopt rigid, adversarial stances.
The judiciary pointed to mediation centers in all districts where pre-litigation mediation is possible, highlighting encouraging success rates and the potential to spare families the trauma of prolonged litigation. The decision underscores a broader call for amicable solutions to matrimonial conflicts, especially when the bond has frayed irreparably.
The case involved a couple who stayed together for only 65 days and have been separated for over a decade, leading the court to grant a divorce while emphasizing mediation as a preferred path for future disputes.
