Justice Nagarathna: family disputes need mediation and adjudication working together
Can mediation clear family court backlogs without weakening the rights of the weaker party?
Published 27 September 2026. Written by Pratidin from the reports linked at the end; every fact checked by a separate review before publishing. How we work
Supreme Court judge Justice B.V. Nagarathna, who chairs the top court's Committee for Family Court Matters, called for integrating alternative dispute resolution (ADR) with adjudication in family disputes. Speaking on 26 September at an eastern zone regional conference held with the Gauhati High Court in Guwahati, she said ADR brings speed, privacy and confidentiality to family matters. But she warned that mediation is not a substitute for adjudication, because a woman's bargaining position in mediation is only as strong as her legal entitlement.
She cited Department of Justice data showing 822 functioning family courts as of October 2024, with heavy pendency in Bihar (70,365 cases), Odisha (36,792), Jharkhand (15,376) and Assam (7,399). Her proposals included pre-litigation mediation under Section 5 of the Mediation Act, conciliation at the first hearing as required by Section 9 of the Family Courts Act, a single mediator for linked cases filed by one household under different laws such as the Domestic Violence Act, 2005 and the Senior Citizens Act, 2007, geriatric mediation panels and permanent counselling staff in family courts.
The Family Courts Act, 1984 was meant to create less adversarial forums where conciliation comes first. Section 89 of the Code of Civil Procedure lets courts refer disputes to ADR, and the Mediation Act, 2023 gave mediation a full statutory framework. Her proposals respond to familiar problems: family courts often run much like ordinary civil courts, and related disputes filed under different laws can produce conflicting orders. The debate is about balance: faster settlement must not come at the cost of fair and just outcomes.
Prelims facts
- The Family Courts Act, 1984 provides for family courts and, under Section 9, requires them to first make efforts to bring about a settlement between the parties.
- The Mediation Act, 2023 gives mediation a statutory framework and provides for pre-litigation mediation under Section 5.
- Section 89 of the Code of Civil Procedure, 1908 allows a court to refer a dispute to arbitration, conciliation, judicial settlement including a Lok Adalat, or mediation.
Quick recall
- Who chairs the Supreme Court's Committee for Family Court Matters?
- Justice B.V. Nagarathna.
- How many family courts were functioning in India as of October 2024?
- 822.
- Which State had the highest family court pendency in the data she cited?
- Bihar, with 70,365 pending cases.
- Which section of the Family Courts Act, 1984 requires efforts at settlement?
- Section 9.
- Which section of the Mediation Act, 2023 deals with pre-litigation mediation?
- Section 5.
- Which CPC provision lets courts refer disputes to ADR?
- Section 89 of the Code of Civil Procedure, 1908.
- What was her main caution about mediation?
- It must complement, not replace, adjudication, because a woman's bargaining position is only as strong as her legal entitlement.
- Name two statutes whose linked cases she wanted handled by one mediator.
- The Protection of Women from Domestic Violence Act, 2005 and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Prelims practice question
Consider the following statements:
1. Under the Family Courts Act, 1984, a family court must first make efforts to bring about a settlement between the parties.
2. The Mediation Act, 2023 provides for pre-litigation mediation.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (c) Both 1 and 2. Section 9 of the Family Courts Act places a duty on the court to attempt settlement, and Section 5 of the Mediation Act, 2023 deals with pre-litigation mediation. Both statements are correct.
Use this in UPSC Mains: previous-year questions
Recurring theme: Access to justice and alternatives to court adjudication
- How to use this
Use it to open by placing Lok Adalats and arbitration within India's statutory ADR toolkit, now expanded by the Mediation Act, 2023.
- Section 89 of the Code of Civil Procedure, 1908 lets a court refer a dispute to arbitration, conciliation, judicial settlement including a Lok Adalat, or mediation.
- The Mediation Act, 2023 gives mediation a statutory framework, including pre-litigation mediation under Section 5; Justice Nagarathna stressed mediation is not a substitute for adjudication.
The family court debate is the same question from another angle: specialised or alternative forums can speed up justice, but ordinary courts remain the guarantor of rights.
Justice Nagarathna proposed geriatric mediation panels in District Legal Services Authorities, the same bodies that provide free legal aid under the Legal Services Authorities Act, 1987.
Mains practice question
Alternative dispute resolution can ease the pendency of family disputes, but it cannot replace adjudication. Critically examine in the light of the working of family courts in India. (250 words)
Model answer
Family disputes are emotionally charged, involve children and elderly parents, and often run as parallel cases under several laws. With 822 family courts functioning as of October 2024 and heavy pendency in States such as Bihar (70,365 cases), alternative dispute resolution (ADR) is being pushed as a remedy. Justice B.V. Nagarathna's recent intervention frames the right question: ADR should complement adjudication, not replace it.
Why ADR suits family disputes
- Speed, privacy and confidentiality: sensitive matters are kept out of open court.
- Relationships continue: parents must co-operate on custody long after a case ends; mediated parenting plans work better than decrees.
- Legal backing: Section 9 of the Family Courts Act, 1984 mandates conciliation, Section 89 CPC enables referral, and the Mediation Act, 2023 provides for pre-litigation mediation (Section 5).
- Consolidation: one mediator can handle linked cases under the Domestic Violence Act, 2005 and the Senior Citizens Act, 2007, avoiding conflicting orders.
Why ADR cannot replace adjudication
- Power imbalance: a woman's bargaining position is only as strong as her legal entitlement; without the shadow of a court, settlements may trade away maintenance or residence rights.
- Violence cases: coercion can masquerade as consent.
- Precedent and rights: courts declare rights; mediation only settles.
- Capacity gaps: family courts lack permanent counsellors and trained mediators, and increasingly behave like ordinary civil courts.
Way forward
- Match the mechanism to the dispute and its stage, as Justice Nagarathna suggested.
- Permanent counselling units and child-inclusive mediation.
- Geriatric mediation panels in District Legal Services Authorities.
- Better use of video-conferencing and data tracking.
Article 39A promises equal justice. A system where ADR resolves what it can, and courts protect what must not be bargained away, serves that promise best.
The basics
Why this matters
Family disputes are among the most painful cases a court handles: divorce, custody, maintenance, residence and care of elderly parents. They also clog the system. Justice B.V. Nagarathna, who chairs the Supreme Court's Committee for Family Court Matters, used a regional conference in Guwahati to argue that ADR and adjudication must work together. For UPSC this touches judicial pendency, access to justice, women's rights and the new Mediation Act, 2023, all recurring GS2 themes.
What she proposed
Her plan is a staged path. Before a case is even registered, parties should try pre-litigation mediation under Section 5 of the Mediation Act. At the first hearing, the court should attempt conciliation, as Section 9 of the Family Courts Act already requires. When one household has filed cases under several laws, such as the Domestic Violence Act and the Senior Citizens Act, a single mediator should handle them together. Adjudication remains the backstop when settlement fails or is unfair.
- 1Pre-litigation mediationSection 5, Mediation Act, 2023, before a case is registered
- 2Conciliation at first hearingSection 9, Family Courts Act, 1984
- 3Consolidated mediationOne mediator for linked cases under different statutes
- 4AdjudicationThe court decides when settlement fails or would be unjust
Where the backlog sits
Pendency is not spread evenly. The data she cited shows Bihar far ahead of other States in pending family court cases, followed by Odisha, Jharkhand and Assam. High pendency usually signals too few courts, vacancies, missing counsellors and parallel litigation. She also flagged that video-conferencing infrastructure, which could save travel for parties living far from district towns, remains underused. Parallel cases filed by the same family in different forums add to the load.
The fairness worry
The sharpest line in her speech was a warning: a woman's bargaining position in mediation is worth exactly what her legal entitlement is worth. Mediation happens in private and depends on consent. If one party is financially dependent or has faced violence, a quick settlement can mean giving up maintenance or a right to reside in the shared household. That is why she insisted mediation must complement, not replace, adjudication, and why courts must supervise outcomes.
- Fast, private, confidential
- Parties craft their own solution
- Preserves co-parenting relationships
- Risky where power is unequal
- Slower and adversarial
- Judge declares enforceable rights
- Protects the weaker party's entitlements
- Creates precedent
The legal toolkit
India's ADR framework has grown in layers. The Family Courts Act, 1984 created specialised courts meant to be less adversarial. The Legal Services Authorities Act, 1987 set up legal aid bodies and Lok Adalats. Section 89 of the Code of Civil Procedure lets courts refer disputes to ADR. The Domestic Violence Act, 2005 and the Senior Citizens Act, 2007 added new remedies, and the Mediation Act, 2023 finally gave mediation its own statute. The task now is to make these pieces work as one system.
- 1984Family Courts Act
- 1987Legal Services Authorities Act, Lok Adalats
- 2005Protection of Women from Domestic Violence Act
- 2007Maintenance and Welfare of Parents and Senior Citizens Act
- 2023Mediation Act
You now know
- Justice B.V. Nagarathna chairs the Supreme Court's Committee for Family Court Matters.
- India had 822 functioning family courts as of October 2024; Bihar had the most pending cases (70,365).
- Section 9 of the Family Courts Act, 1984 requires the court to attempt settlement first.
- Section 5 of the Mediation Act, 2023 deals with pre-litigation mediation.
Go deeper
In one line: A Supreme Court judge says family disputes need mediation and courts working together, not mediation in place of courts.
Why it matters for UPSC
Judicial pendency, access to justice and ADR are regular GS2 themes, and women's rights in family law link to GS1. The Mediation Act, 2023 is a new statute that examiners are likely to test.
The core idea
The Family Courts Act 1984 set up special courts where conciliation comes first. The Mediation Act 2023 now lets parties try mediation even before filing a case. Lok Adalats, run by legal services bodies, settle cases by compromise. All of these serve the promise of Article 39A: equal justice and free legal aid. Justice Nagarathna's point is that these tools must be matched to the dispute and its stage. Mediation is fast and private, but where one party is weaker, the court's power to declare rights is what keeps the bargain fair.
Numbers and dates to remember
- 822 functioning family courts (October 2024)
- Bihar 70,365; Odisha 36,792; Jharkhand 15,376; Assam 7,399 pending cases
- Family Courts Act: 1984; Section 9 mandates settlement efforts
- Mediation Act: 2023; Section 5 covers pre-litigation mediation
- Conference held in Guwahati on 26 September 2026
Where to go next
- Family Courts Act 1984: The law that created courts meant to reconcile families, not just decide cases
- Mediation Act 2023: India's first standalone law on mediation
- Lok Adalats: People's courts that settle cases by compromise, with no appeal
- Article 39A: The constitutional promise of equal justice and free legal aid
Go deeper: can ADR really fix pendency?
ADR is often presented as the cure for India's case backlog. The family court experience shows why the answer is more careful. The Family Courts Act 1984 already mandates conciliation, yet Justice Nagarathna observed that family courts increasingly behave like ordinary civil courts. The reason is capacity: without permanent counsellors, psychologists and trained mediators, conciliation becomes a formality.
A second problem is fragmentation. One broken marriage can produce a divorce petition, a maintenance claim, a domestic violence complaint and a senior citizens' tribunal case, each in a different forum. Conflicting orders follow. Her idea of a single mediator for linked cases attacks this directly.
Third is fairness. The Mediation Act 2023 makes mediated settlements enforceable, which raises the stakes. If a financially dependent spouse settles under pressure, that settlement binds her. Hence her line that bargaining power equals legal entitlement: mediation works well only in the shadow of a court that will enforce rights.
Finally, Lok Adalats show both the promise and the limit of compromise-based justice: huge disposal numbers, but critics say some settlements are rushed. The constitutional anchor remains Article 39A, which asks for justice that is equal, not merely quick.
Where to go next
- Family Courts Act 1984: The law that created courts meant to reconcile families, not just decide cases
- Mediation Act 2023: India's first standalone law on mediation
- Lok Adalats: People's courts that settle cases by compromise, with no appeal
- Article 39A: The constitutional promise of equal justice and free legal aid
Family Courts Act 1984
The law that created courts meant to reconcile families, not just decide cases
In one line: A 1984 law that created special courts to handle family quarrels in a gentler way.
What it does
The Act lets State governments, in consultation with the High Court, set up family courts. These courts hear cases on marriage, divorce, maintenance and custody of children.
Settlement comes first
Under Section 9, the judge must first try to help the family reach an agreement before deciding the case. Counsellors can help. The idea is to repair relationships where possible, instead of treating the family like two enemies in a fight.
Why it matters now
Justice Nagarathna says many family courts now behave like ordinary courts, with long queues, so the original promise of quick, caring justice needs fresh effort.
Where to go next
- Mediation Act 2023: India's first standalone law on mediation
- Lok Adalats: People's courts that settle cases by compromise, with no appeal
Mediation Act 2023
India's first standalone law on mediation
In one line: India's first full law on mediation, where a neutral person helps two sides agree.
What mediation means
A mediator does not decide who is right. The mediator helps both sides talk and find a solution they both accept.
What the Act does
It sets rules for how mediation works, who can be a mediator and how agreements are recorded. It creates the Mediation Council of India. Section 5 allows pre-litigation mediation, which means trying to settle a dispute even before going to court.
Why it matters
Agreements reached through mediation under the Act can be enforced, so people can rely on them. That saves time for courts and for families.
Where to go next
- Family Courts Act 1984: The law that created courts meant to reconcile families, not just decide cases
- Lok Adalats: People's courts that settle cases by compromise, with no appeal
Lok Adalats
People's courts that settle cases by compromise, with no appeal
In one line: People's courts where cases are settled by friendly compromise.
How they work
Lok Adalats are organised under the Legal Services Authorities Act, 1987. Retired judges, lawyers and social workers sit together and help both sides agree. They can take up pending court cases or disputes before they reach court.
Special features
There is no court fee, and if a fee was paid, it is refunded when the case settles. The award is treated like a court decree, and no appeal lies against it.
Link to this story
Lok Adalats are one part of India's ADR system, alongside mediation, conciliation and arbitration, which Justice Nagarathna wants used more smartly in family disputes.
Where to go next
- Family Courts Act 1984: The law that created courts meant to reconcile families, not just decide cases
- Mediation Act 2023: India's first standalone law on mediation
Article 39A
The constitutional promise of equal justice and free legal aid
In one line: A constitutional promise that no one should be denied justice because they are poor.
What it says
Article 39A, a Directive Principle of State Policy, asks the State to ensure that the legal system promotes justice on the basis of equal opportunity and to provide free legal aid. It was added by the 42nd Amendment in 1976.
How it is put into practice
The Legal Services Authorities Act, 1987 created national, State and district bodies that give free lawyers to eligible people and run Lok Adalats.
Link to this story
Justice Nagarathna's warning, that mediation must not leave weaker parties worse off, is really about Article 39A: justice must be equal, not just fast.
Where to go next
- Family Courts Act 1984: The law that created courts meant to reconcile families, not just decide cases
- Mediation Act 2023: India's first standalone law on mediation
Take the 27 September 2026 quiz: 30 Prelims-style questions with answers