Mediation in matrimonial cases need not always mean parties have to be together: SC

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 said 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 Commercial Courts Act also, you have to go through this process," it said.

Earlier, Justice BV Nagarathna had highlighted the need for pre-litigation conciliation/mediation as a mandatory procedure before cases reached family courts. "My suggestion is that there should be pre-litigation conciliation/mediation as a mandatory procedure before a case is filed in the family court, " she had said.