"Ingenuity Of Lawyers" : Supreme Court On 60 Cases Between Husband & Wife In Matrimonial Dispute

"The ingenuity of the lawyers has to be marked, 60 cases between a husband and a wife!" the Supreme Court of India remarked on Wednesday while hearing a case of matrimonial discord.

The remark came from Justice Hima Kohli, after the counsel appearing for petitioner informed a Bench headed by the Chief Justice of India NV Ramana that 60 cases have been filed by the husband and wife in 30 years of marriage and 11 years of separation.

The counsel appearing for the petitioner urged the court to give a 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", the CJI remarked.

During the hearing today, the counsel appearing on behalf of the petitioner father- in- law submitted that both the Trial court and High Court have observed that relationship between his son and his wife has been estranged.

He added that after the respondent accused her father- in- law of sexually harassing her, it is not possible for them to stay in the same House, therefore her husband's family is ready to give her a similar accommodation in the same area.

While initially the bench was inclined to issue notice, after the counsels for both parties expressed their agreement to go for mediation, the Bench referred the matter to Delhi High Court's Arbitration and Mediation Centre. The Bench has directed the Organising Secretary to refer the case to a Mediator and try to expedite proceedings and submit a status report in 6 weeks

In response to the court's query as to whether the wife is willing to have comprehensive settlement, the counsel submitted that she is willing to go for mediation. However her concern is that the proceedings before the High Court should not be stayed.

The counsel further argued that even after High court allowed the wife to stay in her matrimonial home she was locked on the first floor.

The bench however observed that the respondent cannot have mediation while also arguing cases before different courts. The Bench added that mediation is any way a time bound process.

"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 addressing the wife's counsel.