Can supreme court transfer the matter for mediation while hearing transfer petition?
Raj
(Querist) 23 July 2014
This query is : Resolved
My brother wife has filed the Transfer petition for transfer of child custody case from Delhi to Haryana court. There are other cases pending there including 125 Crpc, DV and 498-A.The SCI has garnted stay and called for hearing..But due to some circumstances the hearing will not conducted and will fix for next week. The court master informed my brother that the SCI will allowed the application whether you contest or not But what you can do ask for mediation .If mediation allowed all cases of 498-A, 125 Crpc , DV will be finsihed..
My query is whether the SCI has the power to transfer all cases to mediation on hearing the Transfer petition 9Civil) for the Guardian ship Petition
Nadeem Qureshi
(Expert) 23 July 2014
Dear Querist
Yes
Supreme Court has power to do that.
Anand Bali Adv.
(Expert) 23 July 2014
Yes, Supreme Court has power to recommend for the mediation center at any time if it thinks fit. as the premium objective of all the Judicial system is to prevent the institution of family hood and marriage and division and dissolution should be taken as the last resort in all family matters. Mediation also saves time, money and further litigation.
ROHIT SHARMA
(Expert) 24 July 2014
1. I do corroborate the replies of all the experts.
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
You have been rightly informed about it, better follow it up scrupulously.
V R SHROFF
(Expert) 25 July 2014
Agreed. SC can do it.
