Supreme Court flags misunderstanding around mediation in matrimonial cases

Justices K V Viswanathan and N Kotiswar Singh observed in a transfer plea that the concept of mediation is often misunderstood in matrimonial cases.

The Supreme Court on Thursday said there was a "misunderstanding" about the concept of mediation in matrimonial case and it was often thought mediation means parties have to be together.

The apex court referred to the Commercial Courts Act, 2015 which talks about pre-institution mediation and settlement. (Pic used for representation) (Pexels)

Justices K V Viswanathan and N Kotiswar Singh made the observation in a transfer petition.

"In matrimonial matters, we find there is a misunderstanding on the concept of mediation," Justice Viswanathan said.

He continued, "The moment we say mediation, they think we are asking them to be together. We are not interested whether they are together or separate. We just want a solution to the matter. We will prefer if they are together..."

The apex court referred to the Commercial Courts Act, 2015 which talks about pre-institution mediation and settlement.

"In Commercial Courts Act also, you have to go through this process," the bench observed.