After the attorney standing for the petitioner informed a Bench led by Chief Justice of India NV Ramana that the husband and wife have filed 60 cases in 30 years of marriage and 11 years of separation, Justice Hima Kohli made the statement.
The petitioner’s attorney sought the court to issue a stay of proceedings and submit the case to the mediation center.
“What should I do? Some people enjoy battling and prefer to be in court all of the time. They don’t get any sleep if they don’t watch the court “remarked the CJI.
During today’s hearing, counsel for the petitioner’s father-in-law argued that both the Trial Court and the High Court have noted that his relationship with his son-in-law is strained.
He went on to say that since the respondent accused her father-in-law of sexually harassing her, they are unable to live together, thus her husband’s family is willing to provide her with similar lodging in the same region.
While the court was initially inclined to issue a notice, the matter was referred to the Delhi High Court’s Arbitration and Mediation Centre after counsel for both parties stated their willingness to proceed to mediation. The Bench has ordered the Organising Secretary to refer the case to a Mediator and to try to accelerate the procedures so that a status report can be submitted in six weeks.
The attorney provided an answer to the court’s question on whether the wife is willing to have a thorough settlement. The wife is willing to go for mediation. Nevertheless,
her worry, though, is that the High Court proceedings should not be stayed.
The lawyer went on to say that the wife remained imprisoned on the first floor even after the High Court authorised her to reside in her matrimonial house.
The bench, on the other hand, noted that the respondent could not participate in mediation while also fighting cases in various courts. The Bench went on to say that mediation is in no way a time-limited process.
“It looks that you have a strong desire to battle. It’s impossible to have both. It’s impossible to have your cake and eat it too. Mediation is a time-limited process “, the Bench said to the wife’s attorney.
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