A Critical Study of Judicial Perspectives on Mediation in Matrimonial Disputes in India

Abstract

The institution of marriage in India has undergone a noticeable transformation in recent decades. Traditionally regarded as a lifelong and sacrosanct union, marriage is increasingly viewed through the lens of individual autonomy, dignity, and equality. As hierarchical structures within the family give way to more egalitarian relationships, disputes arising from incompatibility, property rights, financial stress, and changing social expectations have become more visible. While the family continues to function as a fundamental social unit that nurtures emotional and economic security, the growing incidence of matrimonial conflicts poses serious challenges to its stability.

In this context, the judiciary has assumed a significant role in encouraging mechanisms that promote reconciliation while reducing adversarial litigation. Mediation has emerged as an important alternative within the Indian legal framework, particularly in matrimonial disputes where the preservation of relationships and minimization of emotional harm remain essential considerations. Courts have increasingly recognized that conventional litigation often intensifies hostility, prolongs resolution, and adversely affects all parties involved, especially children. Consequently, judicial intervention has progressively shifted towards facilitating negotiated settlements through court-annexed mediation centres and statutory provisions supporting Alternative Dispute Resolution (ADR).

This study critically examines judicial perspectives on mediation in matrimonial disputes in India by analysing legislative developments and landmark judicial pronouncements that have shaped its acceptance and implementation. It explores how courts interpret mediation not merely as a procedural requirement but as a constructive tool for achieving equitable, confidential, and mutually acceptable outcomes. At the same time, the research evaluates the extent to which judicial support has translated into effective dispute resolution, while also