While hearing a matrimonial dispute matter, the Supreme Court on Wednesday remarked that the ingenuity of the lawyers should be marked as there are 60 cases between a husband and wife.
“The ingenuity of the lawyers has to be marked, 60 cases between a husband and a wife!” Justice Hima Kohli said.
The petitioner’s counsel submitted before the apex court bench that 60 cases have been filed by the wife and husband in 30 years of their marriage and 11 years of separation.
The counsel urged the court to give quietus to the matter and refer it to the mediation centre.
“What to do. Some people like fighting, they want to always be in court. If they don’t see court, they don’t get sleep,” CJI NV Ramana said.
The counsel representing the father-in-law submitted that the Trial court as well as High Court have noted that the relationship between his son and daughter-in-law has been estranged.
The counsel also added that after the respondent had accused her father-in-law of sexually harassing her, it is nearly impossible to stay in the same house. The husband has also agreed to give her a small accommodation in the same area.
After the counsels for both parties expressed their agreement to go to mediation, the top court referred the matter to Delhi High Court’s Arbitration and Mediation Centre.
The bench has issued directions to the Organising Secretary to refer the matter to a mediator, expedite the matter and submit a status report within 6 weeks.
The wife also agreed to go for mediation when SC asked about her willingness to have a comprehensive settlement. However, she mentioned her concern that proceedings before the High Court should not be stayed.
The bench stated that respondent-wife cannot have mediation while also arguing cases before different courts.
“It appears you’re very much interested in fighting. You can’t have both. You can’t have your cake and eat it too. Mediation is time bound,” the bench said.