Neha Lal vs Abhishek Kumar; 2026 INSC 73; - Matrimonial Matters - Mediation - Irretrievable Breakdown Of Marriage

Matrimonial Matters - Warring couples cannot be allowed to settle their scores by treating Courts as their battlefield and choke the system. If there is no compatibility, there are modes available for early resolution of disputes. Process of mediation is the mode which can be explored at the stage of pre-litigation and even after litigation starts. When the parties start litigating against each other, especially on criminal side, the chances of reunion are remote but should not be ruled out. (Para 21) First and the foremost, earnest effort should be made by the parties and to be guided by the advocates, whensoever consulted in the process, is to convince them for a pre-litigation mediation. Rather in some cases, their counselling may be required - Even if a case is filed in a Court on a trivial issue such as maintenance under Section 144 of BNSS, 2023 (earlier Section 125 of CrPC, 1973) or Section 12 of the Protection of Women from Domestic Violence Act, 2005, the first effort required to be made by the Court is to explore mediation instead of calling upon the parties for filing replies as allegations and counter allegations sometimes aggravate the dispute. Even when a complaint is sought to be registered with the police of simple matrimonial dispute, first and the foremost effort has to be for re-conciliation, that too, if possible, through the mediation centers in the Courts, instead of calling the parties to the police stations. This sometimes becomes a point of no return specially when any of the parties is arrested, may it be even for a day. (Para 24) It is the duty of all concerned including the family members of the parties to make their earnest effort to resolve the disputes before any civil or criminal proceedings are launched.(Para 25)

Hindu Marriage Act, 1955 - Irretrievable Breakdown of Marriage -Under the, this is not a ground on which divorce can be sought or granted.(Para 10)

Constitution of India - Article 142 - Supreme Court can dissolve the marriage on account of irretrievable breakdown - Multiple court cases between the parties and repeated failure in mediation are testimony of marriage being broken down. (Para 11-13)