1. Conciliatory procedure needed to settle matrimonial dispute: High Court

Conciliatory procedure needed to settle matrimonial dispute: High Court

Conciliatory approach is needed to settle matrimonial disputes between couples, the Delhi High Court said today while highlighting the role of mediation in resolving such cases.

By: | New Delhi | Published: October 20, 2016 6:11 PM

 

The court observed this while quashing an FIR lodged in 2012 by a woman against her husband and his family members for allegedly subjecting her to cruelty. (PTI) The court observed this while quashing an FIR lodged in 2012 by a woman against her husband and his family members for allegedly subjecting her to cruelty. (PTI)

Conciliatory approach is needed to settle matrimonial disputes between couples, the Delhi High Court said today while highlighting the role of mediation in resolving such cases.

 

“As the matrimonial disputes are mainly between husband and wife and personal matters are involved in such disputes, so, it requires conciliatory procedure to bring a settlement between them. Nowadays, mediation has played a very important role in settling the disputes, especially matrimonial disputes and has yielded good results,” Justice P S Teji said.

The court observed this while quashing an FIR lodged in 2012 by a woman against her husband and his family members for allegedly subjecting her to cruelty.

The court allowed the plea filed by the husband and his family members seeking quashing of the FIR on the ground that they have amicably settled the matter and all disputes have been resolved. The woman also told the court that she had no objection if the FIR was quashed.

“The courts in India are now normally taking the view that endeavour should be made to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs such as matrimonial disputes between the couple or/and between wife and her in-laws,” the verdict said.

“India being a vast country naturally has large number of married persons resulting in high numbers of matrimonial disputes due to differences in temperament, lifestyle, opinions, thoughts etc between such couples due to which majority is coming to the court to get redressal,” it said.

The court also observed that since the courts in India were “already overburdened” due to pendency of large number of cases, it becomes difficult to have speedy disposal of matrimonial disputes alone.

“The court must exercise its inherent power under section 482 CrPC to put an end to the matrimonial litigations at the earliest so that the parties can live peacefully,” the court said while quashing the FIR.

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