SC judge B V Nagarathna: Mindset change, mediation needed to check litigation in marital disputes

She also raised the issue of the increasing number of cases in the family courts, citing a media report that 40 per cent of marriages of the last decade ended in divorce or separation. “The number of family courts in India are not enough to deal with the rising cases ….this leads to overcrowding of court halls and inadequate support services which cause delay in imparting justice,” she said.

Justice Nagarathna also highlighted the problem of what she called “package litigation”, which eliminates the chances of reconciliation between two partners due to the various petitions and litigation before the court. She explained this by pointing out that in a mere case of divorce, the matter would often grow to include proceedings under the IPC, Domestic Violence (2005) Act, maintenance petitions, etc.

She said, “..What started as one dispute between the parties would result in multiple disputes ending in irretrievable breakdown of marriage. The children are the main sufferers in these cases.” She underlined the need for mandatory conciliation/mediation.

She emphasised that allowing representation by a lawyer under Section 13 of the Family Courts Act should not be done mechanically as the parties should instead be encouraged to speak in a cordial environment. She explained, “Lawyers must feature in a family dispute only when the complexity of the dispute enlarges.”

Speaking later at a session titled “Sociological study of changing family values in India: Rise in family disputes”, Justice Nagarathna reiterated her earlier statements, saying “(Women’s) refusal to fulfil certain traditional roles because of their modern day work and other engagements should not be blamed. In reality, it is the mindset of people and the refusal to acknowledge the changing reality that is leading to disputes in the first place.”

Among those present at the events were Supreme Court judge Ujjal Bhuyan, Karnataka Chief Justice N V Anjaria, and Justice Anu Sivaraman, president of the Karnataka Judicial Academy, alongside judges from all over South India who participated in the various sessions on topics, including mediation and maintenance.