Supreme Court stresses on mediation for amicable separation in matrimonial disputes
The Supreme Court on Thursday advised the couples involved in matrimonial disputes to go for mediation to reach an amicable separation.
While referring a matrimonial dispute for mediation, the partial working days Bench of Justice KV Viswanathan and Justice NK Singh said mediation was not undertaken solely to reunite estranged couples.
An amicable separation could also be a legitimate and acceptable outcome of the mediation process, it added.
The top court of the country said that the moment a matrimonial matter was referred for mediation, the Bar felt that the Bench was directing the parties to be together.
Though the court preferred the parties to remain united, it only referred to mediation fit the want of an amicable settlement. Parting ways could also be a solution, it added.
The Bench said pre-institution mediation was mandatory in commercial disputes under the Commercial Courts Act.
Justice BV Naganathan, another judge of the Supreme Court, while speaking at a public function recently, said that pre-litigation mediation must be made compulsory in matrimonial matters.
