Allahabad High Court: Wife’s Parents Attending Mediation Only for Money, Not to Resolve Dispute
In a case heard in February, the Allahabad High Court criticized the behavior of a woman’s parents who attended court-ordered mediation only to collect money deposited by the husband, without any intention to resolve the matrimonial dispute.
The case involved a man named Faraz Hasan, who applied for pre-arrest bail after being charged under Sections 498A, 308, and 323 of the IPC, along with Sections 3 and 4 of the Dowry Prohibition Act.
His lawyer argued that the matter was related to a family dispute and should be handled at the Mediation Center of the High Court. The Court agreed and directed Hasan to deposit ₹50,000 with the Mediation Center. The money was meant to be handed over to the wife after the mediation process.
However, the Court noticed that the wife’s parents were only attending the mediation to take the money, without showing interest in resolving the issue. This misuse of the process led the Court to issue clear guidelines:
- If the wife’s parents attend mediation just once and say they are not interested or miss previous dates without valid reasons, only 50% of the deposited amount will be given to them. The rest will go back to the husband.
- If both parties attend mediation more than twice, the entire amount will be released to the wife.
- If the wife and her parents ignore the mediation despite receiving notice, the whole amount will be returned to the husband.
- If the husband does not deposit the money or skips mediation after depositing it, the amount will be kept by the Mediation Center and sent to the concerned court.
The Court sent the case back to the Mediation Center and also ordered that no coercive action (like arrest) should be taken against the husband during this process.
This ruling sends a clear message that the mediation process should not be misused just for financial gain, and both parties must genuinely participate to settle their disputes.
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