JHARKHAND: Gurdeep Kaur is happy that the partition suit pending in a Ranchi court for nearly eight years was settled without the lengthy legal process that could have taken years, maybe decades. Thanks to the mediation facilitated by Ranchi District Legal Services Authority (DLSA), the property dispute with her siblings was resolved to the satisfaction of each party, which saved the time, energy and money of all.
Narendra Kumar Singh had filed the partition suit demanding his share of ancestral property from his three brothers Manpal Singh, Tejinder Singh, and Devender Pal Singh. Later, his six sisters, including Gurdeep Kaur, also made the same demand. The case had been pending since 2013. DLSA appointed advocate LK Giri as a mediator, who helped them reach an agreement in September 2019. Because of Covid-19, however, some modifications were made in the mode of payment and finally the matter was settled in September, 2021, when the three brothers agreed to pay `96 lakh jointly to the plaintiff while the six sisters got `93 lakh each, said Giri.
“The matter was settled only after being referred for mediation. Had we pursued the case legally, it could have taken years,” Kaur said. “I believe more such disputes should be referred for mediation so that the people don’t have to waste their money in litigation.”
The settlement also restored the relationship between the siblings as it was done with the consent of all 10 siblings, said Giri. “Mediation is a win-win situation for all the parties as nobody wins or loses. It is settled only after all the litigants come to an agreement approved by all,” Giri added.
Another litigant in the case, Tajinder Singh asserted that the matter was settled easily with the help of a mediator. “Had we taken the legal route, it would have taken many years. Thanks to DLSA, which helped us settle the case in quick time.”
There are several instances where litigants agree to resolve disputes after going through the mediation channel. One example is Sunita Devi, who had filed a dowry case against her husband Dipak Swarnkar. They were living separately for seven years, while their case was pending in a Ranchi court. After the matter came for mediation, both agreed to live together, much to the joy of their two daughters.
Giri, who brought together the couple, said, “Clash of ego is the primary reason behind most of these disputes, as there is lack of communication between the two. It’s a pleasure when we succeed in reuniting couples after counselling.”
According to data available with Jharkhand Legal Services Authority (JHALSA), more than 10,000 cases are referred for mediation in different District Legal Services Authorities every year. Of these, nearly 60% of cases get settled by the mediators. “Mediation plays an important role in settling cases which were pending for a long. It is effective in settling matrimonial disputes as it gives an opportunity to the husband and wife to express their grievances, which otherwise is not possible,” said JHALSA’s member secretary Santosh Kumar.
These mediators go through a 40-hour training programme. Special mediation drives are organised, which helps in the swift disposal of cases that would otherwise have been pending for several years in courts. Other than offering mutually satisfactory solutions, this also reduces the pressure on courts.