Noting that warring couples cannot be allowed to settle their scores by treating courts as their battlefield and choke the judicial system, the Supreme Court on Tuesday said they should explore mediation for early resolution of their disputes.Dissolving a marriage in which a Delhi couple stayed together only for 65 days and had been separated for over a decade, a Bench of Justice Rajesh Bindal and Justice Manmohan sought to highlight the fact that they filed more than 40 cases against each other.“Warring couples cannot be allowed to settle their scores by treating courts as their battlefield and choke the system. If there is no compatibility, there are modes available for early resolution of disputes. Process of mediation is the mode which can be explored at the stage of pre-litigation and even after litigation starts. When the parties start litigating against each other, especially on criminal side, the chances of reunion are remote but should not be ruled out,” it said.Holding that there was an irretrievable breakdown of marriage, the Bench exercised its power under Article 142 of the Constitution to dissolve it.“From the facts of the case as noticed above, we find this to be a clear case of irretrievable breakdown of marriage where the parties do not intend to live together and cohabitate. Rather they may not be able to reconcile seeing the level of bitterness generated with the passage of time. They may not have been made for each other.“Some time is taken by the young couples to understand each other and adjust accordingly. No one can be said to be perfect. Level of tolerance has gone down while the level of ego has risen up. May be the differences were so much that the couple could stay together only for 65 days and immediately thereafter litigation started. It may be impossible now to put the clock back and live together after forgetting the bitterness, which has been created in the last more than a decade,” the top court said.Disapproving of their conduct, the Bench imposed a cost of Rs 10,000 each on them. “In view of the fact that the parties stayed together only for 65 days and have indulged in numerous litigations for the last more than a decade apparently with a view to settling scores, in our opinion, both of them deserve to be penalised with costs, which is quantified at 10,000 each, as a token amount. Let the cost be deposited with the Supreme Court Advocates on Record Association,” it said.It said whenever the parties in a matrimonial dispute have differences, the preparation starts as to how to teach a lesson to the other side.“Evidence is collected and, in some cases, even created, which is more often in the era of artificial intelligence. False allegations are rampant. As any matrimonial dispute has an immediate effect on the fabric of society, it is the duty of all concerned to make an earnest effort to resolve the same at the earliest, before the parties take a strong and rigid stand.“There are mediation centres in all districts where pre-litigation mediation is also possible. In fact, it is being explored in a number of cases and the success rate is also encouraging. In many cases, the parties, after resolution of their disputes, have also started living together,” it said.


