Justice BV Nagarathna at Southern Conference urges Pre-Litigation Mediation to reduce Family Court overload and promote harmony in disputes.
Why in News
Justice BV Nagarathna suggests family mediation before court to reduce disputes of Family and Pendency of cases.
Fact
Speech by Justice BV Nagarathna at the Southern Zone Regional Conference on Family Courts in Bengaluru.
Overview
At the Southern Zone Regional Conference on Family Courts Justice BV Nagarathna recommended making Pre-Litigation Mediation a compulsory step before parties approach the courts. Speaking alongside judges from the Supreme Court of India and High Courts she stressed how early mediation could reduce the Pendency of cases and the emotional toll of Family Disputes mainly which are involving children.
Key Aspects
- Family Disputes often cause multiple litigation like Divorce And Domestic Violence Proceedings, Property dispute and custody of child.
- Court infrastructure and legal resources are not sufficient to handle growing disputes.
- Socio-cultural transitions and changing values of the family cause rising husband-wife dispute rates.
- Premature legal interference polarized relationships by reducing scope for Settlement.
- Children face emotional impacts when cases are unresolved.
Legal Insights
- Common statutes invoked: Domestic Violence Act, Section 125 CrPC, and Guardians and Wards Act.
- Recommends for trained mediators or retired judges before formal litigation.
- Lawyers should enter only when Family Disputes become complex and difficult .
- Stressed on ADR mechanisms to reduce Pendency of cases in Family Courts.
Conclusion
The proposal of Justice BV Nagarathna for Pre-Litigation Mediation in Family Courts addresses systemic overload and encourages reconciliation. Her insights offer a balanced and humanistic solution to rising several litigation and fragmented family structures.
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