In a recent address, Supreme Court Judge Justice BV Nagarathna strongly recommended making pre-litigation conciliation or mediation mandatory in family-related disputes before they are filed in Family Courts. Her remarks came during the Southern Zone Regional Conference organized by the Family Courts Committee of the Supreme Court of India, in collaboration with the High Court of Karnataka and the Karnataka Judicial Academy in Bengaluru.
“There should be pre-litigation conciliation/mediation as a mandatory procedure before a case is filed in the Family Court. The crystallization of a dispute in the form of pleadings often results in polarization between the parties. Family Courts must have trained mediators or retired judges to prevent a dispute from entering the Family Court,” said Justice Nagarathna.
Themed around “Family: The Basis of Indian Society” and “Efficiency of Family Courts: Human Resource and Infrastructure”, the event was attended by Justice Ujjal Bhuyan, fellow judge of the Supreme Court, Justice NV Anjaria, Chief Justice of Karnataka High Court, and other judges from the High Courts of Karnataka, Kerala, Andhra Pradesh, Tamil Nadu, and Telangana.
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Justice Nagarathna began by emphasizing that family is the fundamental unit of Indian society, which traditionally promotes interdependence and cooperation, in contrast to the individualistic values of Western society. She observed that the rapid social and legal changes in recent years are reshaping the family structure, and that these shifts are also influencing the legal system.
She pointed out that increased socio-economic independence among women, especially through education and employment, is often wrongly blamed for family disputes. Instead, society should welcome and encourage such changes.
“Most disputes would resolve if individuals practice two simple steps—understanding and respecting the other, and self-awareness,” Justice Nagarathna advised.
She elaborated that when a partner finds another’s action problematic, they should try to see the issue from the other’s perspective, promoting empathy rather than confrontation.
“This active engagement helps create connection and understanding, preventing escalation into a legal dispute,” she explained, adding that this mindset also positively impacts children by providing a stable and supportive environment.
The judge highlighted how society’s failure to adapt its mindset to socio-economic changes has led to increased family-related litigations. Citing a Times of India report, she noted that nearly 40% of marriages in the last decade have ended in divorce or separation, creating immense pressure on Family Court judges who are already facing limited infrastructure and financial resources.
Justice Nagarathna also addressed the issue of “package litigations,” where a single dispute between family members results in multiple legal proceedings, including:
- Divorce or restitution of conjugal rights
- Guardianship or custody battles
- Property disputes
- Criminal cases under IPC Sections 498A, 376, 377
- Domestic violence complaints
- Maintenance claims under Section 125 CrPC
- Bail pleas and interim reliefs like visitation rights
“These multiple, overlapping litigations not only overwhelm the courts but also lead to irretrievable breakdowns in family relationships, leaving little chance for reconciliation,” she observed.
She urged that lawyers should step into family disputes only when absolutely necessary, and that parties be encouraged to resolve their issues through open, respectful dialogue in a peaceful setting.
“Lawyers must feature in a family dispute only when the complexity enlarges. Encourage parties to communicate in a cordial environment to arrive at a settlement on their own,” she stated.
Toward the end of her address, Justice Nagarathna listed key issues plaguing Family Courts today:
- Excessive case pendency (docket explosion)
- Procedural delays (such as delays in service of notice)
- Multiple, parallel proceedings between the same parties
- Lack of infrastructure and financial resources
- Socio-cultural challenges
- Misinformation or biased legal advice
- Poor enforcement of court orders
- Limited use of Alternative Dispute Resolution (ADR) methods
- Custody disputes impacting child welfare
- Lack of trained judges, counsellors, and mediators
- Misuse of legal provisions and false cases
Despite these challenges, she concluded on an optimistic note.
“A family can weather all the storms that life throws at it. At the end of the day, a loving family should find everything forgivable,” said Justice Nagarathna, quoting Mark V. Olsen.
