‘The ingenuity of the lawyers has to be marked, 60 cases between a husband and a wife!’ said Justice Hima Kohli, who was the part of a bench headed by CJI N V Ramana
The Supreme Court of India. PTI
New Delhi: In 30 years of marriage and 11 years of separation a husband and wife have filed as many as 60 cases. The Supreme Court recently took up a matter of the couple during a hearing of a case of matrimonial discord.
“The ingenuity of the lawyers has to be marked, 60 cases between a husband and a wife!” said Justice Hima Kohli, who was the part of a bench headed by Chief Justice of India (CJI) N V Ramana.
The counsel appearing for the petitioner urged the apex court to give a quietus to the matter and refer it to the mediation center. Responding to this, the CJI said, “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.”
During the hearing, on Wednesday , the counsel appearing on behalf of the petitioner father-in-law stated that both the Trial court as well as High Court have observed that the relationship between the man and his wife has been estranged.
The petitioner said after the woman accused her father-in-law of sexually harassing her, it was difficult for them to stay in the same house and therefore, the husband’s family was ready to give her a similar accommodation in the vicinity.
While hearing both the sides, the bench was initially inclined to issue notice as the counsels of the two parties expressed the their agreement to go for mediation. Later, the bench referred the matter to Delhi High Court’s Arbitration and Mediation Centre.
The Supreme Court has also directed the Organising Secretary to refer the case to a Mediator and try to speed up the proceeding and submit a status report to them within six weeks.
Responding to the court’s query as to whether the wife was willing to have comprehensive settlement, the counsel said she was wanting to go for medication. But her concern was that the proceedings before the High Court should not be stayed.
The counsel also said that even High Court had allowed the wife to stay in her matrimonial home where she was locked on the first floor.
The apex court bench observed that the respondent cannot have mediation while also arguing cases which are pending for hearing in different courts. It also said that mediation was a time bound process.
The bench told the counsel of the wife, “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.”
With inputs from Live Law
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