FACULTY OF LAW

TOPIC: MEDIATION AS AN EFFECTIVE METHOD IN FAMILY

DISPUTES IN LIGHT OF K. SRINIVAS v. D.A. DEEPA

SUBMITTED TO: SUBMITTED BY:

Dr. Nutan Kanwar Adhar Gupta
1020171841
B.A.LL.B.- 5th YEAR
 DECLARATION

I, Adhar Gupta, hereby declare that the work below is my original work, and the parts which
have been used by me while preparing the below research paper have been duly
acknowledged in footnotes by me.

ACKNOWLEDGEMENT

I would like to express my deep sense of gratitude towards those people given their
contribution in completion of this assignment.

I would like to express my gratitude towards H.P. National Law University for giving me this
opportunity and providing resources required to complete the task. I would like to
acknowledge with much appreciation guidance of our Vice-Chancellor Prof. Dr. Nishtha
Jaswal, and our Registrar Prof. Dr. S.S. Jaiswal, who have vast experience in the field of legal
education. They have provided their strong support and guidance with their words of wisdom.

I am highly indebted to Dr. Nutan Kanwar, Faculty of Law at Himachal Pradesh National
Law University, for guidance and providing necessary information regarding the assignment
& also support in completion of the assignment.

I would like to thank my family for kindness and constant motivation they have provided. I
would like to thank my friends and classmates for providing their aid whenever I needed it.

Lastly, I am eternally grateful to almighty God for blessing me with good health and making
everything possible.
 TABLE OF CONTENTS

INTRODUCTION 4

FACTS OF THE CASE 5

ISSUES 5

CONTENTIONS OF THE APPELLANT 5

CONTENTIONS OF THE RESPONDENT 6

DECISION: RATIONALE AND OBITER 6

CONCLUSION 8
INTRODUCTION
Mediation is a process wherein a neutral third person acts as a mediator and helps parties
arrive at a settlement amicably and which may be fair and acceptable to both the parties.
Mediation is a savior in disguise, especially in matrimonial disputes, as this process has
helped save a number of matrimonial ties on account of pre-litigation mediation, and
mediation during the course of legal proceedings. Mediation also helps reduce the overall
emotions involved in dispute and legal proceedings by reducing bitterness between the
parties, even in cases where the parties decide to part their ways. Mediation provides a
healthy atmosphere for discussing the things that divide the parties and perhaps work on
resolutions.
Section 9 of the Family Courts Act has emerged as an engaging method which promotes and
mandates a court of law to seek reference of the parties to settle their disputes with the help of
mediation. Mediation has, quite often than not, promoted a level playing field for the parties
to come to a settlement and even in cases where the parties are unable to enter into a
settlement, the parties tend to get apart on a finer note. Mediation helps resolve a number of
mental issues apart from the others. It is imperative for the family courts to mandatorily make
efforts to settle the matrimonial disputes that may arise between the parties by referring the
parties for mediation and taking help of mediation. Reference to mediation has to be made
mandatorily in cases of civil dispute, whereas for criminal matters such as Section 498A IPC,
the Court has to apply judicial mind and look out for the possibility of settlement between the
parties before referring them to mediation.
There cannot be any general rule/ straightjacket formula as to which matters are to be referred
to mediation, and the court has to apply judicial mind while proceeding with the matter, and
looking out for the possibility of settlement. Marriages are considered to be sacred ties and
every effort needs to be made to save marriages and also help persons resolve all the
matrimonial disputes with the least litigation and mental stress, because these things
eventually tire the persons and in most cases the parties turn bitter towards each other owing
to the emotions involved.
K. Srinivas v. D.A. Deepa1
Facts of the case
The marriage between the parties was solemnized on 25-04-1999 in accordance with Hindu
rites and customs. The parties were off to a bad start as on the very next day there was dispute

1
Civil Appeal No. 1794 of 2013; (2013) 5 Supreme Court Cases 226
which gave rise to abusing and hurling slippers. On 27-09-1999, the parties got separated and
started living separately without even consummation of the marriage. The wife lodged a
complaint against the husband on 04-10-1999 wherein she alleged that her husband was
harassing her and asking for more dowry. Thereafter, a series of complaints and counter-
complaints were filed. The wife filed section 9 HMA petition whereas the husband filed for
dissolution. The marriage was dissolved on the ground of mental cruelty and section 9
petition for restitution was dismissed. There were serious allegations of dowry, and cruelty.
The wife appealed to the High Court which allowed the appeal and set aside the decree of
divorce on the ground that no cruelty was established as the parties did not stay together. This
was assailed by the husband-appellant in an appeal and contended the findings of the High
Court as erroneous. Apart from this, the Hon’ble Supreme Court touched upon the
importance of mediation in the interest of victim of the matrimonial disputes.

Issues
1. Whether the dispute between the parties is reconcilable? What are the basic essentials for
the Court to ensure that parties try to reconcile differences, especially in matrimonial
disputes? Whether the Court can quash criminal proceedings under Section 498A to secure
the ends of justice?
2. Whether there is any necessity of mediation in matrimonial disputes, and in case of
affirmative, what is the scope thereof, and the possibility of amicable settlement?

Contentions of the Appellant

It was contended by the counsel for the appellant that the conduct of the respondent-wife has
been such that she deserves no relief from the Court. Moreover, attention of the Court was
drawn towards the complaint lodged by the respondent-wife with the Women Protection Cell
making defamatory allegations against the appellant’s mother, and various other legal
proceedings against the appellant and his family. It was further brought to the notice of the
Court that the respondent even filed complaints with the High Court seeking removal of
appellant from his job, wherein he was Assistant Registrar, A.P. High Court. It was averred
by the counsel for the appellant that the High Court below had erred in holding that no mental
cruelty could be caused to the appellant as the respondent lived far away. It was submitted
that the false and defamatory allegations caused mental cruelty, and led to irretrievable
breakdown of the marriage. By lodging the false complaints against the appellant, the
respondent-wife caused extreme mental cruelty to the appellant, and that the High Court erred
in observing that as the wife was not living together, no cruelty could be caused. In fact, the
marriage between the parties has irretrievable broken down with no scope of reconciliation.

Contentions of the Respondent

The counsel for the respondent-wife submitted various facts before the Court, such as the
father of the respondent gave Rs. 80,000 and 15 tolas of gold as dowry to the appellant-
husband’s family. Even after this, the family of the appellant demanded additional cash of Rs.
10 lakhs, and as this demand could not be met, the respondent and her family were ill-treated
and humiliated. As such, the respondent had to return back to her parental house soon after
the marriage took place. All the efforts to settle and reconcile the differences were of no
avail, and the respondent was left with no other option than to lodge a complaint under
Section 498A IPC. On a false assurance by the appellant, the said complaint was withdrawn,
but seeing the unchanged behavior, the complaint was renewed. The respondent had to take
recourse to legal proceedings to save her sacred marriage, and that is the reason that the
petition for restitution of conjugal rights was filed, but the appellant filed for divorce in
counter-claim. The High Court’s judgement setting aside the divorce merits no interference.

DECISION: RATIONALE AND OBITER

In the present case, the whole dispute started owing to ego battle of the elders of families of
both the parties, in which parties turned to court and resulted in inevitable result. The Court
opined that every effort was made by the Courts to make a settlement between the parties,
and it was hoped that the parties could settle. All the proceedings initiated by the respondent
on misguidance and the subsequent actions of the appellant, caused irreparable harm to the
parties, and the same resulted in bitterness. The present facts also show the humiliation meted
out to the appellant and his family members. Even though the husband was acquitted of the
complaint under Section 498A IPC, the wife had appealed against the said acquittal. There
have been a number of instances on part of the respondent seeking removal of the appellant
from his job. Dissolution of marriage would be the only way to relieve the parties of pain and
anguish.
In matrimonial cases, quite often than not, a single party/ spouse is not entirely at fault.
Matrimonial ties are considered sacred by our Indian culture, and as such, an effort must be
made to save all of which can be saved. Most of the issues arise out of bitterness which is a
part of our life, but it has to be noted that a timely counselling would help de-escalate any or
all of such issues. There must be an effort to settle the issue before the dispute assumes
alarming proportions. The Court took note that matrimonial disputes such as custody,
maintenance, etc. are pre-eminently fit for mediation. In most cases, trivial misunderstanding
is the cause of matrimonial dispute and statistics show that about 10-15% of the matrimonial
disputes get settled through mediation. Mediation has come to be recognised as a legal and
effective alternative dispute resolution method. Such cases must be referred to mediation at
the first instances. It is also pertinent to mention here that Section 9 the Family Courts Act
casts a duty upon the presiding officer to make efforts to settle the matrimonial dispute that
has come up for adjudication. Even if counsellors fail, the Court must take recourse and send
the parties to mediation centers, to try and mediate the disputes between them with the help
of trained mediators.
Mediation when successful saves up at least some of the marriages and matrimonial disputes
by helping parties arrive at a settlement. The Courts have, from time to time, opted a positive
approach by discouraging continuance of disputes, and encouraged settlement of matrimonial
disputes. Section 9 of the Family Courts Act casts a mandatory obligation upon the courts to
make every effort for settlement of matrimonial disputes amicably by referring the same to
mediation.
The Court also dealt with the idea of pre-litigation mediation. The idea is to settle disputes
between the parties as soon as possible and as effectively. The purpose is to make each effort
to make parties arrive at a settlement and discourage escalation, and to save them from
hardships. Courts must have a positive approach, and for purely civil disputes mediation must
be resorted. Even in the present case, the Court rightly remarked that in case the respondent
wife was counselled by an independent person at the earliest stage, the bitterness that has
arisen between the parties would not have so escalated. (obiter). The situation between the
parties would have been different if the parties were mediated. (Obiter).
While civil disputes are capable of being settled, the same are to be sent for mediation. In
cases of criminal offence being involved, the Courts must take recourse to mediation with
caution especially when the offence alleged is non-compoundable, however, if the courts so
think they may refer the parties to mediation in case they think the matter can be mediated
and the offence is nothing but has arisen out of the grievances of the parties.2 It is pertinent to
note here that in many of the cases, the parties are arrayed as accused but later the other
spouse gets out the matter being frivolous. The purpose of referring to mediation is to settle
2
B.S. Joshi v. State of Haryana
disputes where the court sees a good chance of such settlement. 3 The purpose of such
reference in criminal cases like Section 498A IPC is not to dilute the rigour, efficacy and
purport of Section 498A IPC, but provide for an equitable manner settlement. The Court is to
ensure that the erring spouse does not get out of the clutches of law owing to mediation.
The Family Courts must set reasonable time limits for the mediation centres to complete the
process of mediation, otherwise the whole process of resolution of dispute by the Family
Court might get delayed. The whole purpose is to try and save the parties from trials and
tribulations in criminal case, while in civil dispute, the purpose of to save the parties from
long litigations resulting in bitterness. Apart from the ex facie benefits, it would incidentally
cause another benefit which is reduction of burden of the courts.
The Hon’ble Supreme Court has also issued certain directions in regard to cases of
matrimonial disputes, which are as under:
1. Family Courts shall make an endeavor to settle matrimonial disputes through
mediation
2. Criminal Courts in complaint under Section 498A IPC must make an endeavor to
settle the dispute through mediation if it thinks that there exists reasonable belief that
the said dispute is capable of settlement
3. Mediation centers to set up pre-litigation desks/ clinics to make efforts to settle
disputes of matrimonial nature, and these pre-litigation centers must receive publicity.
Apart from giving observations regarding the role of mediation, the Court also dealt with the
aspect of mental cruelty.

CONCLUSION
The present case throws light on the aspect of mediation as an important method of
settlement of matrimonial disputes. In fact, it is obligatory on the courts to refer the parties to
mediation and make every effort to make settlement between the parties, in cases of
matrimonial disputes which are civil in nature, and also some which are criminal in nature,
depending upon the facts of the case and possibility of settlement. The Court referred to
Section 9 of the Family Courts Act, and observed that mediation must be made compulsory in
cases where settlement is possible. The Court directed the courts throughout the country to
set up pre-mediation desks/ clinics/ help-desks for better implementation and mechanism of
mediation process. Mediation has come to rescue a number of people from having failed
3
Mishra, Udisha “K. Srinivas v. D.A. Deepa” Whitecode via mediation and arbitration centre, available at
<https://viamediationcentre.org/readnews/NzA2/K-SRINIVAS-RAO-VS-DA-DEEPA> Accessed 14-11-2021
marriages, or complex family problems. Mediation has helped numerous people resolve their
matrimonial disputes, family disputes, and has reduced the overall emotions involved in the
disputes between the parties which would have escalated had the parties been litigating in the
court. Apart from this, mediation is increasingly becoming a go-to resort for many and most
of the people because of the inherent qualities in the process, the first being its party centric
approach, and also cost and time effective process resolution.