Are Marriage Settlements and Reconciliations at Mahila Police Stations Proper ?

You might have heard about the process of mediation and reconciliation process at Mahila Thana, if not then let me tell you that this process begins when a aggrieved women (aggrieved of domestic violence, dowry harassment, cruelty and abuse- verbal, economic, social, physical etc.) approaches the Mahila Police Station of her jurisdiction area and files a complaint against her husband and in-laws. 

After such complaint, as per the process, the officials calls and informs the husband and in-laws of the contents of the complaint and allegations alleged therein and ask them to visit the P.S on specific date and thereafter start to reconcile the dispute in hand and the same goes over for almost 5-6 dates. However, there is no specific period or number of dates mentioned for this reconciliation stage but occasionally 5-6 is an average decent number in the state like Delhi. 

In 99.9 % of cases, the disputes remains unresolved and the matter be then forwarded to registration of FIR. After which, the IO follows the procedure to investigate the matter in hand and files the chargesheet in a stipulated time period. Eventually, the matter be put before the Magistrate for taking cognizance. 

Now, if you see the whole purpose of reconciliation and mediation process was adopted to ensure that no matter left unheard and there should not be any single false FIR is there, I mean, false implications of parties in the case. Or if we see the broader picture, the purpose is to resolve the issue between the parties and save the sanctity of marriage and Hindu law is all about sanctity of marriage, which believes in saving the matrimonial ties and not breaking it. So, dissolution of marriage is never the intention of the legislature and therefore the mechanism is created to save this very intention. 

However, if we see the records or data, I guess like i am Noone to judge but yes as a lawyer and citizen of India, I must say the purpose or I would say intention of law makers is defeated. The only reason I find for this failed machinery is- lack of expertise of those, who are handling these matrimonial mediations and reconciliations. I mean, they hardly understand the nature or emotion of matter. I have heard the P.S officials saying during the course of mediation "kya hua ek thappad hi to mara hai beta, itna to chalta hai" - "ghar chalana hai to chup rehna seekho" so on and so forth. 

Concluding my blog- i would say that if there has to be any change or correctness, required in the machinery for the purpose of better settlement or  mediations, so that's the availability and recruitment of experts in this field, who just not understand the emotion of Hindu marriage, law,  customs or traditions but also the implication of fail mediation too. 

Yourstruly_advocate 

Akshaya Kaushik 

AJL Chambers