Judges normally do not give advices to parties. Their job is to decide disputes.
However, in family disputes, they put aside case for a moment, and try to see if parties can settle their disputes and can start living without acrimony.
In Supreme Court, such cases come by way of Transfer Petitions or by custody of minor disputes or by other proceedings.
The advice of judges can be summarised as below:-
1) Legal battles take time. In the meantime, you both are losing your golden years of life. Why don't you once again sit face to face and try to resolve your differences?
2) The problems, usually reflect Ego Issues, Hurt emotions, Betrayals, Desire for share in property of husband, desire to recover all marriage expanses from other side, desire for taking revenge on wife because she file false 498a case against my parents, sisters, desire to not to pay even a single penny to wife etc etc. The list is long.
The judges say, laws are there and we will decide as per law, but there are long delays involved. You both may wear out your valuable years of life if you insist on determinations of rights as per law.
3) If there are children, they suffer for the battles of their parents. Some children are deprived of affection of father and some are deprived of affection of mother.
For the sake of these children also, judges always try to counsel parties and try to persuade them.
The Point
In family disputes, if at any stage, if any one party wants to make one more try to compromise and to resolve dispute amicably, the judges will immediately facilitate such efforts and will postpone decision.
Conclusion
If a dispute is pending in court since many years, and if it is a family matter, anyone party can file an application requesting help of court to facilitate meditation by directing both party to appear before a third party to try to resolve their dispute.
Most of Judges will probably help.
Haresh Raichura
07/07/2014
