Confusion on concept of mediation in matrimonial matters: Apex court

Noting that there’s “misunderstanding” about the concept of mediation in matrimonial cases, the Supreme Court on Thursday said it need not always mean that the parties have to be together.

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“The moment we say mediation, they think we are asking them to be together. We are not interested whether they are together or separate. We just want a solution to the matter. We will prefer if they are together,” a Bench of Justice KV Viswanathan and Justice N Kotiswar Singh while dealing with a transfer petition in a matrimonial case. “In matrimonial matters, we find there is a misunderstanding on the concept of mediation,” it noted. The Bench referred to the Commercial Courts Act, 2015, which talks about pre-institution mediation and settlement. “In the Commercial Courts Act also, you have to go through this process,” it said.