Can Family Disputes Be Settled at the Delhi High Court Mediation Centre?

The short answer: yes, and often more than one case at a time

The Delhi High Court Mediation and Conciliation Centre, known as Samadhan, was set up in 2006 within the High Court complex at Sher Shah Road. It handles disputes referred to it by the High Court's judges, and family disputes form a large part of its work. When a matrimonial appeal, a maintenance revision, a custody writ or a petition to quash a cruelty FIR comes up before a bench, the judge will often ask the parties whether they want to try mediation first.

What makes the Delhi High Court mediation centre useful in family cases is that it can deal with the whole dispute, not just the case in front of the bench. A couple may have six cases between them in four courts: a divorce appeal in the High Court, a maintenance case in the family court at Saket, a Domestic Violence Act case before a magistrate, an FIR under Sections 85 and 86 of the Bharatiya Nyaya Sanhita (old Section 498A IPC), and cross complaints. A single mediated settlement can provide for all of them.

Mediation does not always work. Some couples are too far apart, and some cases involve violence or deep imbalance of power that makes negotiation unsafe. But a large number of family disputes referred to Samadhan do end in a settlement, and those that settle usually close years earlier than they would have in litigation. Our guide on what Samadhan is and how it works explains the centre in general; this guide is about family disputes.

Which family cases reach the Delhi High Court mediation centre

Appeals against family court judgments under Section 19 of the Family Courts Act 1984 are the most common: appeals against divorce decrees, refusals of divorce, custody and guardianship orders, and orders on maintenance under Section 24 or 25 of the Hindu Marriage Act. Division Benches hearing these appeals frequently refer the parties to Samadhan at the first or second hearing. Our page on appeals against family court orders explains the appeal itself.

Petitions to quash matrimonial FIRs under Section 528 BNSS (old Section 482 CrPC) are the second large group. Where the petition is filed on the basis of a settlement already reached, the court verifies it; where it is filed on the merits, the bench may suggest mediation to see whether a settlement is possible. Revisions against maintenance orders under Section 144 BNSS (old Section 125 CrPC) and habeas corpus petitions for children are also regularly referred, the latter to work out a parenting plan.

On the original side, partition suits between family members, disputes over a parent's estate, and probate cases where siblings disagree can also go to Samadhan. These are often harder to settle because more people are involved, but the centre's structure of joint and private sessions works for them too.

The law that supports family mediation

What actually happens in a Samadhan family mediation session

After the referral order, the centre assigns a mediator and gives the first date. Mediators on Samadhan's panel are trained in mediation, and many are practising advocates with experience of family cases. They do not decide anything and do not report to the judge on who was reasonable; their job is to help the parties reach their own agreement.

The first session is usually a joint one, with both spouses and often their lawyers. The mediator explains the process and the confidentiality rule, and each side sets out what they want. After that, the mediator typically meets each side separately in private sessions. This is where most of the real work happens: a wife may say privately what amount she would accept, or a husband may say what he can actually pay and over what period, without either offer being disclosed unless they agree.

Family sessions often involve parents and siblings, because in many Indian families the decisions are not made by the couple alone. Mediators handle this in different ways; some prefer to see the couple first and bring in family members later. If children are involved, the mediator may suggest a meeting with a counsellor or a structured visit, especially in custody cases.

Sessions are spread over a few weeks. Expect anywhere from two to eight sittings in a family dispute. If a settlement emerges, the mediator helps the parties put it into writing; if not, the mediator reports that mediation has failed, without saying why, and the case goes back to the bench.

From referral to a binding settlement, step by step

1. Referral by the bench

   The judge asks if the parties are willing to try mediation and, if so, refers the case to Samadhan with a date to appear. The referral order may set a time frame and allow other pending cases between the parties to be included in the talks.

2. First appearance at Samadhan

   Both parties report to the centre on the date fixed, usually with their lawyers. The mediator is assigned and the first joint session takes place, or a date is fixed for it.

3. Joint and private sessions

   Over the following weeks the mediator holds joint and private sessions. Bring documents: income proof, details of jewellery and articles, school records of the children, property papers. Decisions go faster when figures are on the table.

4. Drafting the settlement deed

   When terms are agreed, the mediated settlement agreement is drafted and read over to both parties. Check every clause before signing. The parties, their lawyers and the mediator sign it.

5. Back before the court

   The centre sends the settlement to the bench. On the next date the judge confirms with both parties, often in person, that they signed voluntarily and understand the terms. Where needed, statements and undertakings are recorded.

6. Orders implementing the settlement

   The court disposes of the case in terms of the settlement. Other steps follow as the deed provides: a joint petition for mutual consent divorce in the family court, withdrawal of other cases, a quashing petition for the FIR, transfer of property, or a parenting plan approved by the court.

If any step in this chain is missed, the settlement can unravel. Keep a written checklist of each case and each payment, and tick them off as orders are passed.

Time and cost of family mediation at the High Court

What a family mediation can settle, and what it cannot

Almost every money and property question can be settled: permanent alimony, whether as a lump sum or instalments; return of streedhan, jewellery and household articles; the matrimonial home; joint loans and joint accounts; family property shares. Custody and visitation arrangements can be agreed in detail, including holidays, schooling, travel abroad and video calls.

Some things need the court even after agreement. A divorce needs a decree; the couple cannot dissolve a Hindu marriage by a settlement deed. A non-compoundable FIR, such as one for cruelty, needs a quashing order from the High Court; the complainant cannot simply withdraw it. Arrangements about children are always subject to the court's view of the child's welfare, so a custody clause that a court considers harmful will not be enforced just because both parents signed it.

And some disputes should not be mediated at all. Serious ongoing violence, threats to a child, or cases where one party is so afraid or dependent that any agreement would be under pressure are not suitable. Mediators at the centre are trained to recognise this and can close a mediation that is not working fairly. For mediation of criminal cases outside the matrimonial context, see our guide on how mediation works in criminal cases at the Delhi High Court.

The settlement deed: where most problems start

The written settlement is the document every later court will read. A vague clause that both sides understood one way in the mediation room will be read differently by each of them six months later. In 2023 the Delhi High Court, in a matrimonial case decided by Justice Swarana Kanta Sharma, directed that mediated settlements be drafted with precision: every party named, every case identified, the method of payment and who signs which follow-up document spelt out, and, where feasible, the agreement prepared in Hindi as well as English so that parties who do not read English well understand what they sign. The judgment was sent to Samadhan and the district mediation centres.

When Advocate B.K. Singh reviews a draft settlement deed, he reads it as the other side's lawyer would if the deal fell apart. Does it say what happens to the money already paid if the second motion is not moved? Does it name the FIR by number and police station? Does it say who will file the quashing petition and who will bear its cost? A deed that answers these questions rarely ends up in a dispute of its own.

Be particularly careful with streedhan and articles. A clause that says all articles have been returned, signed when they have not, can defeat a later claim. List what is being returned, when, and how receipt will be acknowledged.

What a family settlement deed should cover

• Full names, addresses and identity details of every party, including parents or siblings who are bound
• Each pending case by court, case number, FIR number and police station, with what will happen to it
• Total amount of alimony or settlement money, and a payment schedule tied to court stages
• Mode of payment: demand draft, bank transfer, and in whose name
• List of streedhan, jewellery and articles to be returned, with date and method of handover
• Custody, visitation, holiday and travel arrangements for any child, and who pays school and medical costs
• Who will file each petition, who will appear, and who bears court fees and costs
• What happens to money already paid if either side does not complete a step
• An undertaking by both sides not to file fresh cases on the same facts
• A statement that both parties read and understood the deed in a language they know

Making the settlement binding, and what if someone backs out

A mediated settlement in a court-referred family case becomes enforceable through the court's order. When the bench records the settlement and directs the parties to abide by it, often recording their undertakings, any wilful breach can be treated as contempt of court. A deed that is signed but never placed before the court is far weaker; it is a private contract, and enforcing it means another case.

Backing out before the settlement is recorded is possible, and in a mutual consent divorce either spouse can withdraw consent before the decree, as the Supreme Court held in Sureshta Devi v. Om Prakash (1991). This is why payment schedules matter. If the first instalment is paid at the first motion, the second at the decree and the last when the FIR is quashed, neither side gains much by walking away halfway, and the deed should say what is refunded if they do.

Where one side does back out after taking money or giving undertakings recorded by the court, the other side can apply to the same bench. Courts in Delhi have taken a strict view of parties who use a settlement to obtain a benefit, such as bail or a stay, and then resile. The remedy may include restoring the original case, directing refund, and in serious cases contempt proceedings.

High Court mediation centre or district mediation centre?

Samadhan takes cases referred by the High Court. If your family case is still in a Delhi family court, it is referred instead to the mediation centre at that district court complex, such as those at Tis Hazari, Saket, Karkardooma, Rohini, Dwarka and Patiala House. These work on similar lines. A settlement reached at a district mediation centre can still be used to close a High Court case, and vice versa, because the deed is placed before each court concerned.

Which centre handles your mediation is decided by where the case is pending, not by preference. If your matters are spread across courts, the court that refers first usually becomes the place where the whole settlement is worked out, and the others simply act on it.

If the family court is in Gurugram, Faridabad, Noida or Ghaziabad, the mediation will be at that court's centre, and appeals will go to the Punjab and Haryana or Allahabad High Court, which have their own mediation centres. A Delhi FIR can still be quashed by the Delhi High Court on a settlement reached elsewhere. Our guide on quashing a 498A case after divorce or settlement explains that step, and our page on quashing cases after a compromise covers the procedure.

NRIs and online sessions

A spouse living abroad can usually take part in mediation by video, with the mediator's agreement. Samadhan and the district centres have handled many NRI matrimonial disputes this way. The time difference is the main practical problem; sessions are often fixed in the Indian morning or evening to suit the other side.

Signing the settlement is a separate issue. The deed may need to be signed in person or through a properly executed power of attorney, and the court will usually want the party to confirm the settlement in person or by video before recording it. Our guide on how NRIs can handle divorce cases in Delhi without travelling explains these arrangements.

How to prepare for the first session

Preparation decides how quickly a family mediation moves. Before the first sitting, sit down with your lawyer and work out three numbers or positions on each issue: what you would like, what you would accept, and the point at which you would rather go back to court. Do this for alimony, for the children's arrangements and for property. People who arrive with only the first number spend the first three sessions discovering the other two.

Bring paper, not just claims. A wife asking for a figure should be able to show the household's monthly spending and the children's fees. A husband saying he cannot pay more should bring salary slips, tax returns and loan statements. A list of jewellery with photographs from the wedding saves an entire session of argument about what was given.

Before a client's first mediation, Advocate B.K. Singh asks one plain question: who in your family has the final word? Decide this in advance. If your father or elder brother will have to approve any deal, it is better that he attends the session where terms are finalised than that a settlement agreed in the room is rejected at home the same evening. Mediators would rather know this at the start.

Mistakes families make in mediation

• Going in without figures. An alimony discussion without income proof or a list of jewellery goes round in circles.
• Leaving a case out of the deed. The forgotten Domestic Violence Act case or cross complaint becomes the next dispute.
• Agreeing to pay everything up front. If the other side then backs out, recovering money is slow and uncertain.
• Signing a deed you have not read in full. Ask for it in a language you understand and take a day to review it if needed.
• Treating mediation as a stage to wait out. Parties who attend only to look cooperative waste weeks and the court notices.
• Discussing the mediation outside. Confidentiality protects both sides; repeating offers in court filings or on social media damages trust and may breach the rules.

What to do this week

Make a list of every case pending between you and your spouse or family, with the court, case number and next date. Write down what you need from a settlement and what you could live with, including figures. Gather income documents, a list of jewellery and articles, and the children's school and medical details.

If your case is pending in the High Court and the bench has not yet raised mediation, your lawyer can tell the court on the next date that you are open to it. If you are close to a deal on divorce, read our guide on whether the six-month wait for mutual consent divorce can be waived; if children are at the centre of the dispute, see our guide on habeas corpus petitions for child custody. Our page on family court appeals in the Delhi High Court explains what happens if mediation fails.

For advice on your settlement papers, or for updates on family mediation practice in Delhi, you can contact Advocate B.K. Singh.