The Supreme Court has appointed former apex court judge Justice M.R. Shah as the mediator in a matrimonial dispute between a husband and wife. The decision came after both parties’ senior counsel agreed to attempt resolving the dispute through mediation. The court directed the parties to approach the mediator to work out the modalities, with the mediator responsible for scheduling, terms, conditions, and remuneration to be shared equally.
The bench, led by Justices R. Mahadevan and Alok Aradhe, ordered that further proceedings before the family court be stayed until the mediator’s report is received. The dispute arose when the wife challenged a Gujarat High Court judgment that deferred consideration of her application under Section 379 of the Bharatiya Nagarik Suraksha Sanhita. The wife alleged false deposition and suppression of facts by her husband, affecting her maintenance claim and that of their minor child.
Senior advocate A.M. Singhvi, representing the wife, argued for the initiation of proceedings against the husband, citing false statements and concealment of income and assets. On the other hand, senior advocate Siddhartha Dave, representing the husband, supported the family court’s decision to defer consideration until the final adjudication of the matrimonial proceedings. The Gujarat High Court had previously dismissed the wife’s petition, emphasizing the need for evidence scrutiny before ordering a preliminary inquiry.
