The Allahabad High Court recently expressed dissatisfaction with the misuse of the mediation process in matrimonial disputes. The Court observed that the wife’s parents were attending mediation sessions merely to collect the money deposited by the husband, rather than attempting to resolve the underlying disputes.
The case involved a husband, Faraz Hasan, who sought pre-arrest bail in a case filed against him under Sections 498A, 308, and 323 of the IPC, along with Sections 3 and 4 of the Dowry Prohibition Act. His counsel requested the Court to refer the matter to the Mediation Center, considering it a matrimonial issue.
The Court allowed mediation and directed the husband to deposit ₹50,000 with the Mediation Center. This amount was to be released to the wife after the mediation process concluded. However, it came to light that the wife’s parents attended mediation solely to collect this money, neglecting any meaningful effort to resolve the dispute.
Taking a strict view of this behavior, the Court issued guidelines to ensure the mediation process is not misused:
- Partial Refund for Non-Cooperation: If the wife’s parents attend only one session and show disinterest or fail to attend prior sessions without valid reasons, they will receive only 50% of the deposited amount. The remaining amount will be refunded to the husband.
- Full Refund for Active Participation: If both parties attend more than two sessions, they will receive the full amount.
- No Refund for Absence: If the wife and her parents fail to attend mediation despite being notified, the entire deposit will be returned to the husband.
- Penalty for Husband’s Non-Cooperation: If the husband fails to deposit the amount or does not participate in mediation after depositing it, the amount will be retained by the Mediation Center and transferred to the appropriate court.
The Court remanded the matter back to the Mediation Center for compliance with these guidelines. Additionally, it ruled that no coercive action should be taken against the husband until further proceedings.
This decision emphasizes the importance of using mediation centers for genuine conflict resolution rather than for financial gain.
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