Matrimonial Dispute -- Pre-Litigation Mediation and Reconciliation -- First effort in trivial matrimonial matters, whether before police or court, must be reconciliation or mediation
(i) Bharatiya Nagarik Suraksha Sanhita, 2023, S.144; Protection of Women from Domestic Violence Act, 2005, S.12 -- Matrimonial Dispute -- Pre-Litigation Mediation and Reconciliation -- Reconciliation, where possible through mediation centres attached to courts, must be the first effort when a police complaint of a simple matrimonial dispute is sought to be registered, rather than summoning parties to the police station, since arrest of a party can foreclose any scope for reconciliation. Where proceedings for maintenance or under the Act are filed on trivial issues, courts must similarly explore mediation before calling for replies, as allegations and counter-allegations tend to aggravate the dispute. (ii) Hindu Marriage Act, 1955, S.13; Constitution of India, Art.142 -- Divorce -- Irretrievable Breakdown of Marriage -- Continued separation of parties for more than a decade, coupled with failed reconciliation and a brief period of cohabitation, satisfies the test for irretrievable breakdown. Dissolution of such a marriage can be granted in exercise of extraordinary jurisdiction under Article 142, even though irretrievable breakdown is not a statutory ground under Section 13 of the Act.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
