When Courts Become Battlefields: Why Mediation Matters for Families and Citizens
When Courts Become Battlefields: Why Mediation Matters for Families and Citizens
By Advocate Amarjeet Singh – Public Right Action Network (PRAN)- Published: January 21, 2026
The Supreme Court of India has delivered a stark reminder: matrimonial disputes should not become endless wars that drain families and clog the justice system. In its January 20, 2026 judgment in Neha Lal vs. Abhishek Kumar (2026 INSC 73), the Bench of Justices Rajesh Bindal and Manmohan observed with anguish:
“Warring couples cannot be allowed to settle their scores by treating courts as their battlefield and choke the system.”
The Court urged families, communities, and litigants to prioritize mediation—before and even after cases are filed—to prevent personal discord from escalating into decade-long legal battles.
A Stark Example: 65 Days of Marriage, Over a Decade of Litigation
In Neha Lal vs. Abhishek Kumar, the couple cohabited for just 65 days after their 2012 marriage. What followed was more than 13 years of separation marked by over 40 cross-proceedings—divorce, maintenance, domestic violence, criminal complaints, transfer petitions, and more. Mediation attempts, including at the Supreme Court Mediation Centre, failed to even commence meaningfully.
The Court dissolved the marriage under Article 142 on grounds of irretrievable breakdown, imposed token costs of ₹10,000 on each party for abusing the process, and lamented the decline in tolerance among young couples amid rising egos. Such cases exemplify how rushed filings—often at the first sign of trouble—turn courts into venues for personal vendettas rather than resolution.
Mediation: A Fundamental Right to Humane Justice
At the Public Right Action Network (PRAN), we firmly believe access to justice extends beyond the right to file cases—it includes the right to fair, efficient, and compassionate solutions, especially in family matters that affect lives profoundly.
The Supreme Court’s message is clear:
- Pre-litigation mediation and counselling should be the first step. Family members and well-wishers must make earnest efforts to resolve disputes before launching civil or criminal proceedings.
- Even after litigation begins, courts should actively explore mediation to avoid aggravating conflicts through allegations and counter-allegations.
- Mediation enables dignified outcomes—whether reconciliation or amicable separation—without the toxicity of prolonged adversarial battles.
Proven Benefits for Families, Children, and Society
Mediation offers clear advantages over traditional litigation:
- Less adversarial: Structured, neutral sessions foster dialogue instead of confrontation.
- Faster and more affordable: Resolutions often come in weeks or months, not years.
- Protects relationships and well-being: Especially vital where children are involved, preserving emotional health and co-parenting possibilities.
- Eases judicial burden: With millions of pending cases nationwide, mechanisms like district mediation centres and Lok Adalats have successfully settled thousands of family disputes amicably.
How to Access Mediation: Practical Steps
- Approach your local family court mediation centre or district legal services authority.
- Request pre-litigation counselling—many courts offer free or low-cost sessions.
- If a case is already filed, ask the court to refer it to mediation under Section 89 of the Code of Civil Procedure.
- Explore community resources or NGOs focused on family dispute resolution.
Mediation is not a sign of weakness—it is an empowered choice for dignity and efficiency.
Justice That Heals, Not Harms
The Supreme Court’s observation is more than procedural advice; it is a call for societal reflection. Justice should heal, not harm. When families face conflict, the law must offer pathways that minimize suffering, protect the vulnerable, and restore peace where possible.
At Public Right Action Network (PRAN), we are committed to demystifying legal processes, raising awareness, and empowering citizens with practical tools for compassionate justice.
If you or someone you know is navigating a matrimonial dispute, pause before escalating. Explore mediation. Understand your rights. Choose a path that serves people first—not one that overwhelms them.
Because true justice begins with healing.
For more resources on mediation and family law, visit PRAN or contact your nearest legal services authority.
Credit - https://www.livelaw.in/supreme-court/warring-couples-cant-make-courts-their-battlefield-supreme-court-flags-growing-matrimonial-litigation-bats-for-mediation-519800