Conciliatory procedure needed to settle matrimonial disputes : HC

NEW DELHI
19 Nov 2017

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

It said the constitutional mandate is for speedy disposal of matrimonial disputes and to grant quick justice to litigants, but the courts here are already "overburdened due to pendency of large number of cases" because of which it becomes difficult for speedy disposal of such issues. "As the matrimonial disputes are mainly between the husband and the 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's observation came while quashing an FIR lodged in 2003 by a woman against her husband for allegedly subjecting her to cruelty as the in-laws were dissatisfied with the dowry brought by her at the time of marriage.
The court allowed the man's plea 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. According to the settlement, the man and the woman have agreed to take divorce by mutual consent and the man would pay Rs 4.88 lakh towards full and final settlement of all the claims arising out of their marriage. The court said the courts in India are now normally taking the view that an 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. It said India being a vast country has a high number of matrimonial disputes due to differences in temperament, lifestyle, opinions and thoughts, among others, and a majority of such couples was approaching courts to get redressal. "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," it said while quashing the FIR.