Delhi High Court Disposes PIL Against Judge-Led Mediation In Family Courts, Directs Petitioner To Approach Judges' Committee

The Delhi High Court has disposed of a public interest litigation (PIL) raising concerns over the practice of judges in Family Courts conducting in-chamber mediation and thereafter adjudicating the same disputes.A Division Bench of Chief Justice DK Upadhyaya and Justice Tejas Karia directed the Petitioner to approach the appropriate Committee of Judges dealing with Family Court matters.“Having regard to the nature of issue raised in the Public Interest Litigation Petition, we find it appropriate if the Petitioner raises such issues before the Committee of the Hon'ble Judges of this Court dealing with the Family Court matters by way of making a representation,” it ordered.The Court further directed the Committee to consider the suggestions made by the Petitioner, with expedition.The PIL highlighted that Presiding Judges of Family Courts themselves undertake in-chamber, informal, and off-record mediation or settlement discussions with litigating parties in matters pending before them and, upon the failure of such settlement efforts, thereafter proceed to adjudicate the very same disputes on merits.“While the underlying objective of encouraging amicable resolution is appreciable and firmly rooted in legislative intent, the manner in which such settlement efforts are presently undertaken raises serious procedural, statutory, and constitutional concerns. The assumption of dual roles by the adjudicating Judge, first as a facilitator of confidential settlement discussions and thereafter as the ultimate decision-maker on the rights of the parties dilutes the legally mandated separation between mediation and adjudication,” it said.The plea added that such a course is capable of giving rise to a reasonable apprehension of bias, undermines statutory assurances of confidentiality, and adversely impacts litigants' confidence in the neutrality and fairness of the adjudicatory process.The Petitioner had thus sought a direction that where any matter is listed and pending adjudication before a Presiding Judge of a Family Court, such Presiding Judge shall not undertake or participate in in-chamber, private, or informal mediation or settlement discussions with the parties and, in the event of any settlement facilitation having been undertaken, shall not thereafter continue to hear or adjudicate the same matter on merits.Appearance: Mr. Sunklan Porwal, Advocate along with Petitioner-in-Person.Case title: Preeti Singh v. Principal JudgeCase no.: W.P.(C) 3058/2026Click here to read order

Delhi High Court Disposes PIL Against Judge-Led Mediation In Family Courts, Directs Petitioner To Approach Judges' Committee

LIVELAW NEWS NETWORK

Tags