The Delhi High Court has instructed the Committee of Judges overseeing Family Court matters to examine concerns raised about the practice of Family Court judges conducting in-chamber mediation. A Division Bench consisting of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued this direction while hearing a Public Interest Litigation (PIL) filed by advocate Preeti Singh on January 31, 2026.
The Court observed that due to the nature of the issues presented, it would be appropriate for the petitioner to submit a detailed representation to the Committee of Judges responsible for Family Court affairs. The Bench further directed that the Committee consider the representation, along with the concerns and suggestions outlined in the petition, expeditiously.
The PIL raises institutional concerns regarding how Family Courts in Delhi function. It highlights a practice where Presiding Judges conduct informal mediation sessions within chambers with litigating parties and, if the mediation fails, subsequently adjudicate the dispute on its merits.
According to the petition, this dual role might lead to a reasonable apprehension of bias and could blur the distinction between mediation and adjudication under the statutory dispute resolution framework.
Advocate Preeti Singh, the petitioner, approached the High Court in public interest seeking clarity and uniform administrative guidelines to ensure mediation in matrimonial disputes is conducted by independent mediators rather than the presiding judge hearing the case.
The plea also refers to the Supreme Court’s judgment in Afcons Infrastructure Ltd versus Cherian Varkey Construction Co Pvt Ltd, which stresses maintaining a clear separation between the roles of mediator and adjudicating judge.
Disposing of the PIL, the High Court granted liberty to the petitioner to submit a comprehensive representation incorporating the issues raised in the writ petition, which will be examined by the relevant Committee of Judges.
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