In February, the Allahabad High Court criticized a trend where a wife’s parents attended mediation sessions only to collect money deposited by the husband, instead of resolving matrimonial disputes. The case involved Faraz Hasan, who sought pre-arrest bail in a case registered under Sections 498A, 308, and 323 of the IPC, along with Sections 3 and 4 of the Dowry Prohibition Act.
Hasan’s counsel suggested that the case, being a matrimonial dispute, should be referred to the Mediation Center of the Allahabad High Court. The court directed Hasan to deposit ₹50,000 with the Mediation Center, which would be released to his wife only after the mediation process concluded.
However, the court noted that the wife’s parents were attending mediation sessions solely to collect the deposited money. As a result, the court issued guidelines to address this issue:
- If the wife’s parents attend only one mediation session and show no interest in further sessions, or miss previous sessions without valid reasons, they will receive only 50% of the deposited amount, with the rest refunded to the husband.
- If the parties attend more than two mediation sessions, they will receive the entire amount.
- If the wife and her parents fail to appear after being notified, the entire amount will be refunded to the husband.
- If the husband fails to deposit the amount or participate in mediation after depositing it, the amount will be forfeited and remitted to the concerned court.
The Bench remitted the matter back to the Mediation Center and directed that no coercive action be taken against Hasan. This ruling emphasizes the importance of genuine participation in mediation to resolve matrimonial disputes rather than seeking financial gain.
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