The changing social scenario leads to more inter-caste and inter-religion marriages facing resistance, and mediation is effective in resolving matrimonial disputes.

MUKUL MUDGAL, J.

( 1 ) THIS is one of the numerous writs of habeas corpus which are filed in this Court by a husband seeking custody of his wife who had married him and was not thereafter permitted to return to the company of the husband by the relatives of the wife. The changing social scenario in this country is leading to a situation where there are more inter caste and inter-religion marriages as in the present case which meet with the societal and familial resistance.

( 2 ) ANY change in the social and family structure would naturally meet with resistance. Increasing awareness, exposure, mobility and education is bringing about more interaction between diverse sections of the populace leading to better understanding and tolerance of other castes and religions. Such interaction leads to friendship, familiarity, love and in some cases matrimony. Love marriages are frequently performed in the absence of and without the blessings of the parents, by the lovelorn couple quietly, in the presence of friends and well wishers.

( 3 ) CIRCUMSTANCES compel the couple and in particular the wife not to immediately reveal her nascent matrimonial status to her parents and such revelation, accidental or otherwise, of the not so public marriage brings about an outburst of indignation and anger leading to social and physical restraints on the wife/daughter, leading to ostracisation of the husband and denial of access to the married couples.

( 4 ) THIS Court has been treating such cases emanating from habeas corpus petitions to be cases which represent a social rather than a criminal problem. Notices are issued to the State and without treating the parents of the girl or the girl to be in the position of accused persons an enquiry into the status of the marriage is sought from the State.

( 5 ) WE have noted the positive role played by the State and the Delhi police authorities in handling such socially sensitive matters in an enlightened manner and treating the married couple and both set of parents not as accused but the victims of social circumstances. We are confident that this procedure of treating a social problem in the proper perspective can and must continue and direct accordingly.

( 6 ) THIS Court has been sending such disputes when not resolved straightaway in court, to the process of mediation in this court. There has been a significant success in resuming the matrimonial status after the mediator's efforts or in any event of an amicable parting of ways. This process of mediation in matrimonial matters has thus avoided prolix litigation which embitters the relationship between an estranged couple and their families further and puts an avoidable burden on the legal system. On many occasions while the statement of the wife in Court has been, as in the present case, that she does not wish to go back to the husband; before a trained mediator, and after a session of counseling with and without the family, the response is to the contrary and restoration of the marital relationship with the husband is sought by the parties and granted by this Court. The role of the Mediation Centre of this Court in the present case has thus ensured that not only a couple is reunited but several potential civil and criminal proceedings are avoided. We appreciate the work put in by the mediation Centre. We have been informed that substantial number of matrimonial matters, referred to Mediation Centre, are being resolved. We have also been informed that the other Mediation Centres in the city are achieving significant rates of success in amicably resolving such disputes.

( 7 ) A Report has been filed by the learned mediator where she has recorded a settlement in mediation that the petitioner and his wife Sunita Sharma now wish to live together as husband and wife. The said settlement is taken on record and made a part of the record of this case. The mediation report is sealed and is also to form part of the record of this case. Some allegations were m