Delhi High Court Urges Clarity on Family Court Mediation Practices

In a significant move, the Delhi High Court has addressed concerns about the current practice of Family Court judges conducting in-chamber mediation, directing that these issues be referred to the Committee of Judges on Family Court matters. The court's directive came during a hearing of a Public Interest Litigation (PIL) initiated by advocate Preeti Singh.

The two-judge bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, urged the petitioner to present a detailed representation to the committee for consideration. This step highlights the institutional worries regarding how Family Courts in Delhi function, particularly when settlement discussions by judges evolve into formal adjudication if mediation fails.

The petitioner, Advocate Preeti Singh, argues that the dual role of Family Court judges could create potential biases, urging the implementation of uniform guidelines to ensure independence in mediation processes within matrimonial disputes. Citing a Supreme Court judgment, the petition underscores the necessity for a clear separation between mediation and adjudication roles. The court has provided Singh the liberty to submit her concerns to the committee for prompt examination.