Wednesday, 28 November 2012

Is it the Process of Mediation in Disputes of Family Matters and Divorce cases causing family disintegration?

Is it the Process of Mediation in Disputes of Family Matters and Divorce cases causing family disintegration?
One can find through newspapers, electronic media and public domain like face book etc., there have been tremendous increase in divorce cases, domestic violence and 498a/406 IPC being filed by Women. Even the marriage of as old as of few days find the couple in Police Station. Majority of the cases are turning out to be false cases and there is no compensation provided to the husband and his families who undergo such a traumatic stages besides loss of reputation. The orders of Police Commissioners are not being followed and many people gets arrested as soon as the complaint is received by them. In the case of any accidents, police starts arguing on the territorial jurisdiction but in the case of matrimonial complaint from a woman, all inspectors become active. There must be some reason as to why such activeness and even to the extent of exciting the complainant and the role of the advocate is no better. The temptation of corruption is not ruled out. The role of electronic media is also biased. The image of the police handing matrimonial disputes is not to be commented here. The cases are referred to the Mediators. The concept of mediation was to reconcile the difference between the parties of matrimonial disputes. But one can feel that the role of  Mediators is to facilitate the negotiation for the money to be paid by one party (husband and his family) to another party (wife and her family). I suspect extraction of money from the husband could be one of the main motivating factor which might have been resulting into the greediness and families disintegration.

I have sought information w.r.t Mediation in the matrimonial disputes to start with from Delhi as per following questions. To my surprise the public authorities are not feeling comfortable to provide the information in the first instance. I would be updating the blog with the findings and in the meanwhile if other persons also starts seeking such information from the other States. I am quite sure that many RTI applications would compel the public authorites to provide the the information and some revealing information may come out which ultimately would reduce such matrimonial disputes as the mediators may find themselves disciplined.
1.    I request you to please provide me the following information under RTI Act 2005 in respect of Mediation proceedings in matrimonial disputes in Delhi
Total number of cases received for mediation in respect of matrimonial disputes

Total number of cases successfully settled

Number of cases successfully mediated without payment of any amount of settlement paid by husband or his family

Total number of cases unsettled

Name of the Mediators who are on the list of empanelled mediators during

Total amount paid to mediators

 Break up of total number of cases as in S.No. 1 above entrusted to each mediator (name wise)  
Name of Mediator

Breakup of total number of cases successfully mediated as in S.No. 2 above by each mediator (name wise)  
Name of Mediator

Breakup of the amount paid to each mediator (name wise)
Name of Mediator

Total amount of the budget spent incl. Salaries paid to supporting staff

Number of cases where Mediators recommended for registration of FIR (Mediator wise)
Name of Mediator

Total amount of settlement involved (paid by husband and his family) in the cases successfully mediated by the Mediators as reported in S.No. 2

Break up of amount of settlement as mentioned in S.No. 11 above Mediator wise
Name of Mediator


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