SC – 65 Days of Marriage, 10 Years of Litigation – Mediation is the Noble Path
- Practice of law is said to be noble profession. Whenever the parties in matrimonial dispute have differences, the preparation starts as to how to teach lesson to the other side. Evidence is collected and, in some cases, even created, which is more often in the era of artificial intelligence. False allegations are rampant. As any matrimonial dispute has immediate effect on the fabric of the society, it is the duty of all concerned to make earnest effort to resolve the same at the earliest before the parties take strong and rigid stand. There are mediation centres in all districts where pre-litigation mediation is also possible. In fact, it is being explored in number of cases and the success rate is also Page 29 of 34 encouraging. In many cases, the parties, after resolution of their disputes, has also started living together.
- In the changing times, the matrimonial litigation has increased manifolds. Even this Court is flooded with transfer petitions, mainly filed by the wives, seeking transfer of the proceedings initiated by their husbands, may be at the first instance or as a counter blast. In such situations, it is the duty of all concerned including the family members of the parties to make their earnest effort to resolve the disputes before any civil or criminal proceedings are launched.
- In view of the fact that the parties stayed together only for a period of 65 days and have indulged in numerous litigations for the last more than a decade apparently with a view to settle scores, in our opinion, both of them deserve to be penalised with costs, which is ₹ quantified at 10,000/- each, as a token amount. Let the cost be deposited with the Supreme Court Advocates on Record Association.
SC Judgment – Reminder that prolonged litigation in matrimonial disputes harms both parties and Society while mediation offers closure and dignity. Couple lived together for 65 days but litigated for a decade.
Judgment dated 20.1.2026 of the Supreme Court in Transfer Petition (CRL) No.338 of 2025 of Neha Lal Vs. Abhishek Kumar.
