Follow Gandhi, settle family disputes through mediation: SC
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Last Updated: Friday, January 14, 2011, 21:23
New Delhi: Civil disputes in the family and matrimonial disputes can be better settled through mediation instead of fighting prolonged legal battles which would only ruin the litigants, the Supreme Court has counselled.

A bench of justices Markandeya Katju and Gyan Sudha Mishra in an order quoting Mahatma Gandhi's book "My Experiments with Truth" asked lawyers to advise the clients to go in for mediation, instead of fighting protracted battles involving huge expenditure.

Mediation is an alternative dispute mechanisim where a mediator works out a compromise between the disputing parties.

"This is a dispute between brothers. In our opinion, an effort should be made to resolve the dispute between the parties by mediation.

"In our opinion, the lawyers should advise their clients to try for mediation for resolving the disputes, especially where relationships, like family relationships, business relationships, are involved otherwise, the litigation drags on for years and decades often ruining both the parties.

"Hence,the lawyers as well as litigants should follow Mahatma Gandhi's advice in the matter and try for arbitration/mediation. This is also the purpose of Section 89 of the Code of Civil Procedure," the apex court said in an order.

The apex court bench quoted Mahatama Gandhi's anguish as a lawyer wherein he said "a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby--not even money, certainly not my soul."

The apex court passed the order while disposing of a property dispute between BS Krishnamurthy and BS Nagaraj from Karnataka.

"Let the matter be referred to the Bangalore Mediation Centre. The parties are directed to appear before the Bangalore Mediation Centre on 21.02.2011", the bench said while disposing off the case.


First Published: Friday, January 14, 2011, 21:23

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