Conciliatory procedure needed to settle matrimonial disputes: High Court

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.

Published: 19th November 2017 01:20 PM  |   Last Updated: 19th November 2017 01:20 PM   |  A+A-

Misconceptions in Marriage life.

NEW DELHI: 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.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp