‘Forget Vasudhaiva Kutumbakam, keeping families together is a challenge’:SC says decisions forcefully imposed in family disputes are unjust

Supreme Court Justice N V Anjaria said solutions imposed by courts in family disputes can often feel “artificial”. He said some parties may feel that justice has been forced on them, which can become a form of injustice. He called mediation the most suitable way to resolve family disputes, as they involve human emotions and sensitivity. Justice Anjaria said, “Forget our values and ‘Vasudhaiva Kutumbakam’. Today, we are struggling even to keep a family together.” He was speaking at the Eastern Zone Regional Conference in Guwahati on “ADR vs judicial decisions in family disputes: Challenges and the way forward.” Family court cases are increasing Justice N V Anjaria said resolving family disputes is also a way to improve the social system. He noted that Justice Kurian Joseph had raised concerns over the growing number of family disputes back in 2008. He said access to justice should not mean increasing litigation by using every available legal remedy. Family disputes are rising and often lead to further conflicts. Questions raised over the Family Courts Act Justice Anjaria asked legal professionals in the Northeast whether the Family Courts Act is being viewed in the right context. He said the law focuses on conciliation and socially better outcomes, rather than merely following procedures. He added that family court judges have to play multiple roles, including judge, conciliator and mediator, making their job particularly challenging. This is why alternative dispute resolution (ADR) methods are increasingly important. Mediation can address gaps in legal process Justice N V Anjaria said mediation is the most suitable way to resolve family disputes. He said it considers human psychology and emotions, aims for a solution beneficial to both sides and addresses gaps in the legal process. Other points on mediation 1. Courts offer several ADR options, including Lok Adalats, arbitration, conciliation and mediation. 2. Family disputes can be screened at an early stage and referred to specialised mediators based on their nature. 3. In divorce cases, mediation can help couples reach a mutual settlement, but lower courts and High Courts cannot immediately issue a divorce decree based on such settlements. 4. The Supreme Court can use Article 142 to grant relief in such cases. 5. As a result, couples may have to file a joint petition and go through further litigation even after reaching a settlement. 6. Section 27 of the Mediation Act, dealing with enforcement of mediated settlements, has not yet come into force. It provides for settlements to be binding and enforceable. ​