MATRIMONIAL MATTERS Vs. STATE

JUDGEMENT

(1.) During the course of hearing of matters arising out of matrimonial disputes, it was observed that the records mostly did not disclose any attempts for reconciliation between the parties made by the trial Courts and appellate Courts notwithstanding the specific provisions of law in this regard.

(2.) It was, therefore, felt that relevant statistical particulars should be obtained in order to issue necessary directions concerning appropriate steps to be taken by the Courts in this regard. Accordingly, the Registry of the High Court collected information from all the Courts in the State and reported that the total cases involving matrimonial disputes were 8,396 out of which in 123 cases, no steps were taken for reconciliation. Though in the remaining cases the information was suggestive of steps being taken for reconciliation, the information was mostly vague, indefinite and general and not specific as to what was done in discharge of the solemn duty of the Court in this regard. Reference to the Legal Services Authorities or Legal Services Committees under the Legal Services Authorities Act, 1987 or Lok Adalats constituted by such Authorities or Committees was also stated in a significant number of cases to be the step taken by the Court for attempting reconciliation and nothing further was claimed by the concerned Courts to have been done in this regard except making a reference to such Authorities or Committees or Lok Adalats.

(3.) A report had also been received from the Andhra Pradesh State Legal Services Authority, which stated that matters are being entrusted to mediators on the panels with the Authorities on receipt of matters from the Courts, who are conducting mediation in such number of sittings as may be necessary to assist the parties to explore the possibilities of amicable settlements. If settled, agreements signed by the parties are being executed and forwarded to the Court concerned. The Authority also stated that in prelitigation matters, on receipt of applications, notices are being issued to all the parties concerned to appear before the mediators and if the parties appeared, mediation is being conducted on the same lines and the matter is being referred to the Court having jurisdiction to dispose of the case in accordance with the agreement between the parties.