The Supreme Court of India on 29 June referred a matrimonial dispute to mediation and appointed Justice M.R. Shah (Retd), former judge of the apex court, as mediator to help the estranged couple reach an amicable settlement. The order was passed after senior counsel for both parties agreed that mediation should be attempted before the matter proceeds further.

The Court's Order

A bench comprising Justice R. Mahadevan and Justice Alok Aradhe directed the parties to approach the mediator and work out the modalities of the proceedings. The bench left it to Justice Shah to fix the schedule, terms, and conditions of the mediation, as well as his remuneration, which will be shared equally by both sides.

The court further ordered that all proceedings before the family court stand stayed until the mediator's report is received, at which point the matter will be relisted before the bench.

Background: How the Dispute Reached the Supreme Court

The case reached the Supreme Court after the wife challenged a Gujarat High Court judgment that declined to interfere with a family court order. That family court order had deferred consideration of her application under Section 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) until the stage of final arguments in the pending matrimonial proceedings.

Senior advocate A.M. Singhvi, appearing for the wife, submitted that she had sought initiation of proceedings against her husband on allegations of false deposition, fabrication of evidence, and suppression of material facts. He contended that the husband had allegedly made false statements to conceal his income and assets, directly affecting the maintenance claim of both the wife and their seven-year-old minor child.

Singhvi further argued that postponing even a preliminary inquiry would effectively grant the husband impunity for making false statements and frustrate the administration of justice.

The Husband's Position

Senior advocate Siddhartha Dave, appearing for the husband, opposed these submissions. He contended that the family court had rightly exercised its discretion by deciding to consider the application alongside the final adjudication of the matrimonial proceedings, after hearing both sides.

What the Gujarat High Court Had Ruled

The Gujarat High Court, through a single-judge bench of Justice M.R. Mengdey, had earlier this month dismissed the wife's petition. The high court held that the family court had neither rejected nor dismissed her application — it had only deferred its consideration to the stage of final arguments.

'The learned Family Court has not dismissed or rejected the application submitted on behalf of the petitioner. Therefore, this court is at a loss to understand as to what prejudice is caused to the petitioner because of the order impugned in the petition,' Justice Mengdey had observed.

The Gujarat High Court also cited the Supreme Court's ruling in Iqbal Singh Marwah, noting that nothing in that judgment required a family court to order a preliminary inquiry immediately upon an application being filed, and that the trial court would first need to sift through evidence to determine whether the alleged false statements had any impact on the administration of justice.

What Happens Next

With Justice M.R. Shah now appointed as mediator, the parties are expected to work out a schedule for mediation proceedings. The Supreme Court will await the mediator's report before resuming further hearing. The referral reflects the apex court's continued push to encourage consensual resolution of matrimonial disputes, particularly where minor children's interests are at stake.