Mediation In Matrimonial Matters Not Necessarily To Unite Couples; Amicable Separation Also Solution : Justice KV Viswanathan

Justice KV Viswanathan of the Supreme Court observed on Thursday (June 26) that mediation in matrimonial disputes is not undertaken solely to reunite estranged couples. He emphasized that an amicable separation can also be a legitimate and acceptable outcome of the mediation process.

“In matrimonial matters, the moment we say mediation, the bar feels we are directing the parties to be together. We only want a solution, not insisting on parties to be together. We prefer that the parties are together. But parting ways can also be a solution,” he said while referring a matrimonial dispute to mediation.

Justice NK Singh, who was also on the bench, added that pre-institution mediation is mandatory in commercial disputes under the Commercial Courts Act.

Recently, Justice BV Naganathan of the Suprem Court, while speaking at a public function, opined that pre-litigation mediation must be made compulsory in matrimonial matters.