What is role of counseling and mediation in matrimonial conflict resolution in the context of S 89 C.PC?

 Counseling and mediation play important roles in matrimonial conflict resolution, especially in the context of Section 89 of the Code of Civil Procedure (C.P.C) in India. Section 89 encourages parties involved in disputes, including matrimonial conflicts, to explore alternative dispute resolution methods before resorting to litigation. Here's how counseling and mediation are involved in matrimonial conflict resolution under Section 89 C.P.C:

• Initiation and Referral:

• Section 89 of the C.P.C empowers courts to refer parties to mediation or counseling to resolve their disputes. In matrimonial cases, the court may suggest or order mediation or counseling before proceeding with the trial.

• Counseling:

• Counseling is a process where a trained counselor helps individuals or couples explore their issues, emotions, and communication problems. In matrimonial conflicts, counseling can provide a safe space for spouses to discuss their concerns, work on their relationship, and explore possible solutions. Counselors can assist with improving communication and understanding between the parties.

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Whether 100% court fees refund is possible when case is settled in mediation?

In the instant matter, the award has not been passed 
by the Lok Adalat.  Section 21 of the Legal Services Authorities Act, 
1987 stipulates that every award of the Lok Adalat shall be deemed 
to be a decree of Civil Court or, as the case may be an order of any 
other   Court   and   where   a   compromise   or   settlement   has   been 
arrived   at,   by   a  Lok  Adalat  in   a   case   referred   to   it   under   sub­
section (1) of section 20, the Court­fee paid in such case shall be 
refunded in the manner provided under the Court Fees Act, 1870. 
On consideration of provisions of Section 21 of the Legal Services 
Authorities Act, 1987, it is evident that an award of the Lok Adalat 
shall   be   deemed   to   be   a   decree   of   Civil   Court   and   the   matters 

wherein award has been passed by the Lok Adalat are governed by 
the   provisions   of   Legal   Services   Authorities   Act   and   as   such,   in 
such of those matters, refund of court fees shall be in accordance 
with the provisions of Court Fees Act, 1870.  It is to be noted that 
in Section 21 of the Legal Services Authorities Act, 1987, provisions 
contained in Court Fees Act, 1870, relating to refund of court fees, 
are incorporated.  Thus, it is a case of legislation by incorporation 
and by virtue of such incorporation, provisions of Court Fees Act, 
1870   relating   to   refund   of   court   fees,   are   made   applicable   in 

respect   of   award   passed   by   the  Lok  Adalat.    The   analogy 
applicable  to the  awards  of  Lok  Adalat  cannot  be  applied  to the 
decrees   passed   by   the   Courts   on   the   basis   of   settlement,   even 
though  same is reached in furtherance of  a mediation taken  up 
under Section 89 of the Code of Civil Procedure.    Once it is held 
that provisions of Maharashtra Court Fees Act, 1959, are attracted, 
it   would   be   permissible   for   the   State   to   issue   notification 
prescribing   refund   of   court   fees   in   exercise   of   powers   conferred 
under Section 43(2) of the Act.  The notification dated 08.05.2013, 
thus, cannot be said to be ultra vires the powers exercisable by the 
State under Maharashtra Court Fees Act, 1959.


IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
 WRIT PETITION NO.4919 OF 2014 

Sanjeevkumar Harakchand  Vs Union of India,

        CORAM : R.M.BORDE &
                                        V.K.JADHAV, JJ.
        DATE    : 01st  October, 2014
Citation;2015(2) MHLJ157 Bom,2014(6)ABR827, 2015(1)BomCR49

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Whether a party can retract from compromise which took place before court?

The suit was already
withdrawn as far as regards Defendant No.1 was
concerned and application Exhibit 19 filed by the
Plaintiff did not seek to withdraw the said
purshis Exhibit 17. The compromise recorded
existence of facts regarding Will in favour of
Defendant No.2 and that due to relationship
Defendant No.2 has agreed to pay amount and to

compromise the matter. The contents do not show
that it is unlawful compromise. When it was
prepared and Plaintiff discussed it with her
daughters and Advocate and herself tendered it
before Court and admitted contents read over
before Court, subsequent retracting (before formal
Order below Exhibit 1 decreeing the suit) cannot
be accepted. Proceedings before Court are solemn
proceedings and after the compromise is duly
recorded, retracting vide application like Exhibit
19 claiming that it was not read over, is
contemptuous. In evidence she admitted that Court
asked her about the terms of compromise and she
admitted contents. Trial Court has thus properly
rejected subsequent retracting and decreed suit as
compromised. The impugned order dated 21st
December, 2011 in Regular Civil Suit No.151 of
2007 passed by Civil Judge, Senior Division, Latur
does not call for any interference and the
directions to record the compromise and decree the
suit need not be interfered with.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL REVISION APPLICATION NO.131 OF 2012
Mandrawati w/o Gangadhar Kshirsagar,

VERSUS
 Maruti s/o Arjun Kshirsagar,




CORAM: A.I.S. CHEEMA, J.

DATE OF PRONOUNCING JUDGMENT : 25TH FEBRUARY, 2014.
Citation; 2014(4) MHLJ 339 Bom

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How to reduce conflict by mediation;conflict Triangle

The conflict triangle

One of the simplest ways to look at conflict is to imagine it as a triangle, with three points:

It thus has three elements, any one of which can generate conflict:

Situation. The situation refers to the objective positions that can cause conflict. For instance, if political power resides in the hands of one section of a population, to the exclusion of the other; or if one group has exclusive access to all the natural resources in an area; or if a country is partitioned in such a way as to privilege one group over another. Eventually, the groups involved find that the situation has brought them into conflict.

Behaviour. Behaviour relates to the actions of people. One group acts in an aggressive manner towards another: killing their members, or oppressing them, or discriminating against them. Perhaps the second group retaliates. Eventually the behaviours of both spiral into war. Thus the behaviour of those involved, action and reaction alike, generates a context of conflict.

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