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.

"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.