Mediation Over Litigation: Supreme Court's Vision for Matrimonial Disputes

The Supreme Court emphasizes mediation as a preferred method for resolving matrimonial disputes, warning against using the judicial system as a battlefield. Encouraging early mediation can avert escalation of issues and unnecessary legal battles, fostering reconciliation and reducing the burden on courts.

The Supreme Court has urged couples in matrimonial disputes to prioritize mediation over litigation to prevent clogging the judicial system. Mediation offers a quicker, less adversarial resolution of issues. Couples are typically ill-served by turning courts into battlefields, leading to aggravated conflicts and more challenging outcomes.

Justices Rajesh Bindal and Manmohan outlined these observations when dissolving a marriage where the couple lived together for only 65 days before separating for over a decade. The court noted the rise in matrimonial litigation, highlighting mediation as a viable pre-litigation solution across district centers, with promising success rates in reconciling parties.

The court further acknowledged that disputes become more complex following childbirth, often necessitating urgent interventions. Advocates and family members are called to guide parties toward mediation, even in seemingly trivial cases, as attempts for reconciliation should precede the escalation to legal proceedings.

(With inputs from agencies.)