Circular banning Mediation before DV Act Proceedings; Bombay HC seeks clarification

Circular banning Mediation before DV Act Proceedings; Bombay HC seeks clarification

Taking suo moto cognizance of a letter written by Jaya Sagade, Bombay High Court sought clarification on a circular issued by Women and Child Welfare department regarding Counseling under Domestic Violence (DV) Act. The court directed the secretary of Women and Child Welfare department to remain present in the court next month on July 24.

The Court had converted a letter by Jaya Sagade, Deputy Director with the Women Study Centre, ILS Law College which pointed out the illegality in the circular issued by the Women and Child welfare department on July 24, 2014. The Circular had disallowed counselling for mediation before filing any litigation under the DV Act. However, the Division Bench of Bombay High Court comprising Chief Justice Mohit Shah and Justice Roshan Dalvi, observed that the law proposes mediation and counseling at any stage, the aim of which is to reduce litigation.