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The Delhi High Court has directed that concerns raised in a plea regarding the practice of Family Court judges conducting in-chamber mediation be placed before the Committee of Judges dealing with Family Court matters for consideration.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the direction while hearing a Public Interest Litigation (PIL) filed by advocate Preeti Singh. The Court observed that, considering the nature of the issues raised, it would be appropriate for the petitioner to submit a detailed representation before the Committee of Judges handling Family Court matters. The Bench further directed that the representation, along with the concerns and suggestions raised in the petition, be considered by the Committee expeditiously. The PIL raises an institutional concern regarding the functioning of Family Courts in Delhi. It points to a practice where Presiding Judges conduct in-chamber or informal mediation and settlement discussions with litigating parties and, if the settlement fails, subsequently proceed to adjudicate the same dispute on merits. According to the petition, such a dual role may give rise to a reasonable apprehension of bias and could blur the distinction between mediation and adjudication under the statutory framework governing dispute resolution. Advocate Preeti Singh, the petitioner, approached the High Court in public interest seeking clarity and uniform administrative guidelines to ensure that mediation in matrimonial disputes is conducted through independent mediators rather than the presiding judge hearing the case. The plea also relies on the Supreme Court's judgment in Afcons Infrastructure Ltd versus Cherian Varkey Construction Co Pvt Ltd, which emphasises maintaining a clear separation between the role of a mediator and that of an adjudicating judge. Disposing of the PIL, the High Court granted liberty to the petitioner to submit a comprehensive representation incorporating the issues raised in the writ petition, which will now be examined by the Committee of Judges concerned. (ANI)
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