Indian Supreme Court judge urges mediation-first approach in family disputes
Justice B.V. Nagarathna has called for broader use of mediation and conciliation to reduce delays and conflict in India’s family courts. She proposed earlier referrals, specialised panels and stronger financial and child-focused safeguards, while warning that mediation should not be used where violence, coercive control or severe power imbalances exist.
Justice B.V. Nagarathna has called for wider use of mediation and conciliation in family disputes, saying prolonged litigation can erode relationships and deepen inequality. The Supreme Court judge was speaking at the inaugural address of a regional conference on alternative dispute resolution and adjudication in family disputes in Guwahati.
She chairs the Supreme Court’s Committee for Family Court Matters. Justice Nagarathna said alternative dispute resolution was intended to complement courts rather than compete with them. She said mediation could offer quicker, private and confidential outcomes, while noting that years can pass between the filing of pleadings and a final judgment.
Citing Department of Justice data, she said India had 822 functioning family courts as of October 2024. In the eastern States, pending cases included 70,365 in Bihar, 36,792 in Odisha, 15,376 in Jharkhand, 7,399 in Assam and 4,010 in Tripura. She proposed that related proceedings involving domestic violence and elder welfare be referred together to one mediator under unified judicial oversight.
She also recommended dedicated geriatric mediation panels through District Legal Services Authorities. For matrimonial disputes, she backed pre-litigation mediation and conciliation at the first hearing of contested divorce and restitution cases, before written statements were filed. She said a statutory waiting period should be waived when mediation turns a contested petition into a settlement for divorce.
On child custody, she proposed involving child psychologists and using trained professionals to communicate children’s views. For maintenance and alimony, she recommended early financial disclosure, lump-sum settlements where suitable and prompt registration of property agreements. Justice Nagarathna cautioned that mediation could be harmful where violence, coercive control or a serious imbalance of power exists.
She also criticised the use of litigation to humiliate or financially exhaust parties, while noting that genuine victims often suffer in silence.
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