Matrimonial Mediation In Delhi: A Constitutional And Empirical Appraisal Of Systemic Deficiencies And Their Societal Impact
- IJLLR Journal
- Dec 4, 2025
- 1 min read
Mukul Sharma, PhD Scholar at Bennett University
Dr. Vishal Sharma, Assistant Professor at Bennett University
ABSTRACT
This study examines, first, the structural and statutory stand of court-annexed mediation operating limited to the matrimonial jurisdiction of Delhi, second, its adequacy and constitutional alignment in practice. The study investigates the functioning of mediation centres established pursuant to laws like the Family Courts Act, and other matrimonial statutes. The researcher through an empirical data collection of their procedural modalities and institutional design comes to a horrible conclusion.
Why the research becomes important as it emerges from empirical evidence collected through interviews with 30 participants including (mediators, wives, and husbands), revealing systemic concerns such as overwhelming caseloads, absence of psychological expertise, inadequate screening of high- risk cases, and recurring patterns of trauma, stress, anxiety, and settlement- pressure.
The impact of these deficiencies is twofold. In society, parties—particularly women—experience coerced settlements, emotional harm, compromised safety, and erosion of trust in the justice system. Families emerge from mediation not healed but further destabilised, perpetuating cycles of violence, inequity, and psychological distress. In the courts, ineffective mediation leads to failed settlements, renewed litigation, procedural delays, and a dilution of constitutional values of equality, dignity, and access to justice. The divergence between mediation’s legislative promise and its ground-level practice thus generates systemic consequences requiring urgent institutional reform.
