CLINICAL COURSE II: ALTERNATIVE DISPUTE RESOLUTION
SYSTEMS
SIMULATION EXERCISE III: MATRIMONIAL &
CUSTODY MEDIATION SCRIPT
Performance Duration: Approximately 20 Minutes (Continuous Reading) Setting: District
Mediation Centre, Dharwad [1]
Cause Title
Before the District Mediation Centre, Dharwad [1] Mediation Case No. 24/2026 [1] (Referred
in Matrimonial Case No. 118/2026 before the Family Court, Dharwad) [1]
Ms. Anitha Aged about 28 years, Occupation: Professional, Residing at Dharwad, Karnataka.
.......... Petitioner [1]
V/S
Mr. Ravindranath Aged about 30 years, Occupation: Entrepreneur, Residing at Dharwad,
Karnataka. .......... Respondent [1]
Characters
1. Narrator: Guides the audience, introducing the distinct mediation stages and procedural
transitions.
2. Mr. Shrinivas Murthy: The Court-Appointed Mediator. Highly formal, structured, and
procedurally precise.
3. Ms. Anitha (Petitioner): The pregnant wife. Deeply distressed, presenting highly
emotional yet structured legal grievances.[1]
4. Advocate S.B. Havaldar: Counsel for the Petitioner. Articulate, legally rigorous, and
focused on statutory child welfare.
5. Mr. Ravindranath (Respondent): The idealistic husband and entrepreneur. Principled,
torn between moral beliefs and his family's survival.[1]
6. Advocate Kiran Desai: Counsel for the Respondent. Authoritative, protective of paternal
and adoptive statutory rights.
Stage 1: Preparation
Narrator: Welcome to this court-annexed mediation simulation. We begin with Stage 1:
Preparation, as outlined in the District Mediation Centre's guidelines. Before the parties enter,
the mediator, Mr. Shrinivas Murthy, sits in his private chambers to collect information, assess
alternatives to settlement, and plan the educational framework of the session.
Mr. Shrinivas Murthy (Mediator): (Analyzing the case files) Let me systematically organize the
information I have collected on this dispute.[1] The Respondent, Mr. Ravindranath, legally
adopted a three-year-old orphan girl, Niveditha, as an unmarried male, later marrying Ms.
Anitha, who developed a deep maternal bond with the child.[1] Severe lifestyle conflicts arose:
Ravindranath insists on a strictly simple, ascetic lifestyle, while Anitha demands a practical,
comfortable modern home.[1] They filed for mutual divorce, but during its pendency, Anitha
discovered she was pregnant and filed a petition for sole custody of Niveditha.[1]
My preparatory strategy must focus on two critical areas:
● Awareness of Alternatives to Settlement (BATNA): I must make both parties acutely
aware of the severe consequences of non-settlement. If they fail to settle, they face a
prolonged, adversarial litigation battle in the Family Court. This will decimate their
financial resources, subject the pregnant Petitioner to immense physical strain, and
permanently scar young Niveditha's emotional development.
● Education about the Mediation Process: I must educate them on the cooperative,
non-adjudicatory, and confidential nature of this forum under the Mediation Act, 2023,
preparing them to move from rigid legal positions to shared interests. I will conduct a
structured joint session followed by intensive private sessions to persuade them. Let us
call the parties in.
Stage 2: Introduction
Narrator: The parties and their respective counsels enter the mediation room and take their
seats. We now enter Stage 2: Introduction. The mediator formally welcomes them, explains
the procedure pointwise, outlines the distinct advantages of mediation, and establishes the
ground rules.
Mr. Shrinivas Murthy (Mediator): Good morning, Ms. Anitha, Mr. Ravindranath, and learned
counsels. My name is Shrinivas Murthy, and I am your court-appointed mediator. To ensure we
proceed systematically, I shall outline our procedure and the distinct advantages of this forum
pointwise:
1. Procedural Origin: This session is initiated pursuant to Section 89 of the Code of Civil
Procedure, 1908, under the referral order of the Hon'ble Family Court, Dharwad.[1]
2. Statutory Status: This process is governed by the Mediation Act, 2023.[1] Any
consensus reached will be reduced to a written "Mediated Settlement Agreement," which
carries the same legal force and binding enforceability as a civil court decree under
Section 27 of the Act.
3. Absolute Confidentiality: Under Section 22 of the Act, all discussions, offers, and
concessions made in this room are strictly confidential and privileged. They cannot be
disclosed or used as evidence in any court.
4. Advantages of Mediation: Unlike litigation, which is public, slow, and expensive,
mediation offers:
○ Expedited Resolution: Protecting the parties from years of court-room stress.
○ Cost-Efficiency: Eliminating heavy litigation expenses.
○ Relationship Preservation: Essential here, given that a biological child is
expected.[1]
5. Private Sessions (Caucuses): To facilitate resolution, we will use joint sessions and
private caucuses. In private sessions, I will discuss sensitive issues individually with each
party to explore realistic concessions.
6. Ground Rules: We shall speak sequentially without interruption, maintain a respectful,
non-hostile tone, and prioritize the children's welfare above all else.
Counsels, do you and your clients agree to abide by these guidelines?
Advocate S.B. Havaldar: We agree, Mediator. The voluntary and confidential nature of this
forum is highly advantageous to the Petitioner.
Advocate Kiran Desai: We concur. The Respondent is here in absolute good faith to find an
amicable settlement.
Stage 3: Joint or Private Session
Narrator: We now enter Stage 3: Joint or Private Session. The mediator first conducts a Joint
Session, inviting the parties to present their pointwise statements formatted as formal legal
submissions, followed by their counsels' statutory arguments.
Mr. Shrinivas Murthy (Mediator): Let us proceed with the joint session. Ms. Anitha, please
present your pointwise submissions.
Ms. Anitha: (Speaking with deep emotion, yet maintaining a formal courtroom posture)
Respected Mediator, I respectfully submit as under:
1. That post-marriage, I integrated completely with the minor child, Niveditha, forming an
irreplaceable maternal bond; she is my daughter in my heart, and separating us will
completely shatter my soul.[1]
2. That despite my husband's immense wealth, he subjected our household to an
uncompromising, rigid ascetic lifestyle under the guise of idealism, depriving us of basic
comforts and turning our home into a continuous, cold battlefield.[1]
3. That this severe domestic friction and lifestyle incompatibility rendered peaceful
cohabitation impossible, forcing us to jointly file for divorce.[1]
4. That I am currently pregnant with our biological child, leaving me physically vulnerable
and terrified of raising my children in a broken, single-parent household.[1]
5. That removing Niveditha from my care will cause her severe trauma and permanently
sever her bond with her unborn sibling, violating our family's emotional integrity.
6. That for the welfare of our children, I am willing to withdraw the divorce petition and
reconcile, but this is strictly conditional upon the Respondent legally committing to provide
a comfortable, pragmatic modern domestic environment.[1]
Mr. Shrinivas Murthy (Mediator): Thank you, Ms. Anitha. Mr. Ravindranath, please present
your pointwise submissions.
Mr. Ravindranath: (Speaking with a heavy, earnest voice) Respected Mediator, I respectfully
submit as under:
1. That I legally adopted Niveditha from "The Children's Home Orphanage" as an unmarried
man before our marriage, and I hold a solemn, irrevocable legal duty to protect and raise
her.[1]
2. That my insistence on a simple lifestyle is a deeply held parenting choice intended to instil
core values, humility, and social empathy in our children, rather than spoiling them with
modern materialistic excesses.[1]
3. That I highly respect and value the exceptional, loving maternal care Anitha has provided
to Niveditha, and I acknowledge their deep bond is vital for the child's welfare.[1]
4. That the breakdown of our marriage has devastated me, and the news of Anitha’s
pregnancy has made me deeply anxious to prevent our children from growing up in
broken, fragmented households.
5. That I actively oppose any custodial arrangement that divests me of my statutory parental
rights or prevents me from being a daily father to Niveditha.[1]
6. That I am highly committed to reconciling the marriage for the sake of our children, and I
am prepared to moderate my lifestyle rules and make material concessions to ensure my
family's comfort and security.[1]
Mr. Shrinivas Murthy (Mediator): Thank you both. Counsels, please present your legal
arguments sequentially. Advocate Havaldar, represent the Petitioner.
Advocate S.B. Havaldar: Respected Mediator, we submit the following legal arguments:
● The Doctrine of Paramount Welfare: Under Section 13 of the Hindu Minority and
Guardianship Act, 1956, the child's welfare is the supreme consideration (welfare of the
child is the supreme lex).[1] In Githa Hariharan v. RBI (1999), the Apex Court held that
guardianship must protect the child’s emotional stability. Depriving Niveditha of her
mother's care would cause irreparable psychological harm.[1]
● Preservation of Sibling Unity: Splitting siblings across different households violates
family integrity. In Madan Gopal v. Naval Dubey (1992), the courts ruled against
separating siblings. Niveditha must be raised alongside her expected biological sibling.
● Mental Cruelty through Asceticism: The Respondent’s rigid imposition of an ascetic
lifestyle, despite having extensive financial means, constitutes mental cruelty under
Section 13(1)(ia) of the Hindu Marriage Act, 1955.[1] The Petitioner is legally prepared to
reconcile only if her right to a comfortable, dignified life under Article 21 and Section 18 of
the Hindu Adoptions and Maintenance Act, 1956 is protected.
Mr. Shrinivas Murthy (Mediator): Thank you, Counsel. Advocate Desai, please represent the
Respondent.
Advocate Kiran Desai: Respected Mediator, we submit the following legal arguments:
● Irrevocability of Adoptive Father's Rights: Under Section 15 of the Hindu Adoptions
and Maintenance Act, 1956 (HAMA), a valid adoption is completely irrevocable.[1] The
Respondent established a permanent, statutory father-daughter relationship under
Section 12 of HAMA, which cannot be set aside.[1]
● Natural Guardianship: Under Section 6 of the Hindu Minority and Guardianship Act,
1956, the father is the primary natural guardian. The Respondent has an active statutory
duty to remain involved in Niveditha’s daily life and education.[1]
● Doctrine of Joint Co-Parenting: Upon birth, the Respondent will hold equal natural
guardianship rights over the biological child. We urge this forum to reject sole custody
claims and support a joint co-parenting framework, with the Respondent offering material
concessions to ensure his family's comfort.[1]
Private Sessions (Caucuses)
Narrator: To break the impasse and address the deep emotional issues, the mediator now
initiates Private Sessions. He first meets with Ms. Anitha and her counsel privately, while the
Respondent waits outside.
Mr. Shrinivas Murthy (Mediator): Ms. Anitha, I wanted to speak to you privately to address
your underlying concerns. You are currently carrying a new life, which must be incredibly
stressful under these conditions.[1] Tell me, what is your deepest fear?
Ms. Anitha: (Tears welling up) Mediator, my deepest fear is losing Niveditha. I don't care about
the money; she is my daughter. If she is ripped away from me, or if my biological baby grows up
without knowing their sister, my life will be ruined. But I cannot go back to that house if
Ravindranath continues to treat us like we are living in a monastery. I want a normal,
comfortable, and stable childhood for my kids.
Mr. Shrinivas Murthy (Mediator): I completely understand your pain, Anitha. But let us look at
the legal reality. Under HAMA Section 15, Ravindranath’s adoption of Niveditha is legally
irrevocable.[1] If you proceed with a custody battle in court, it will drag on for years, taking an
immense physical and emotional toll on you during your pregnancy. Your BATNA is a long,
painful court battle with no guaranteed outcome. However, what if Ravindranath compromises?
If he agrees to modify his lifestyle, buy a comfortable car, modern appliances, and ensure a
comfortable household, would you be willing to withdraw the divorce and reconcile for the sake
of the children?
Ms. Anitha: (Wiping her tears, looking at her counsel) If... if he genuinely agrees to that, and
legally commits to providing a comfortable, modern home without imposing his rigid rules, I will
withdraw the divorce. I want my children to grow up together with both their parents.
Advocate S.B. Havaldar: That is a highly pragmatic and sensible stand, Anitha. I strongly
recommend this compromise over a bitter, multi-year litigation trial.
Mr. Shrinivas Murthy (Mediator): Thank you, Anitha. Let me now speak with Mr. Ravindranath
privately.
(Anitha and her counsel step out; Ravindranath and his counsel enter)
Mr. Shrinivas Murthy (Mediator): Mr. Ravindranath, let us speak openly. Your philosophy of
simple living is noble, but let me ask you: is a rigid adherence to lifestyle rules worth losing your
wife, your adopted daughter, and your unborn biological child?[1]
Mr. Ravindranath: (Bowing his head, emotionally choked) No, Mediator. It is not. I love my
family. I only wanted my children to grow up humble and socially responsible.[1] But seeing our
home turn into a silent battlefield, and realizing my baby might grow up in a broken home,
makes me feel like a complete failure. I don't want to lose them, but I also fear losing my ethical
core.
Mr. Shrinivas Murthy (Mediator): Ravindranath, let us look at the legal reality. Your counsel
has argued your statutory rights under HAMA.[1] But under Indian law, the welfare of the child is
the supreme law (welfare of the child is the supreme lex).[1] If Anitha proceeds to court and
proves that your rigid lifestyle imposition caused her severe mental distress during her
pregnancy, the Family Court may well award her custody of Niveditha, especially to ensure she
is raised with her unborn biological sibling.
If you want to save your family, you must compromise and moderate your idealism.[1] You must
provide a comfortable, practical modern home. This means purchasing a safe family car,
installing standard modern appliances, and ensuring your wife has a stress-free environment.[1]
Can you make these material concessions for your family?
Mr. Ravindranath: Yes, Mediator. I am fully prepared to do so. My family's happiness and my
wife's health are far more important than my rigid rules. I will buy a car immediately and install
whatever appliances she needs.
Advocate Kiran Desai: This is an excellent compromise, Ravindranath. It preserves your legal
parental role, resolves the custody dispute, and keeps your family united.
Stage 4: Negotiation and Persuasion
Narrator: We now enter Stage 4: Negotiation and Persuasion. Both parties and their
counsels are brought back into the room. The mediator actively bridges the gap and guides
them toward a structured compromise.
Mr. Shrinivas Murthy (Mediator): Welcome back, everyone. Through our private discussions,
we have achieved a monumental breakthrough. Both parties have shown immense maturity,
keeping the welfare of Niveditha and the unborn child as their paramount focus.[1] Let us list the
agreed terms of our compromise:
1. Reconciliation: Both parties agree to reconcile immediately, resume cohabitation, and
file a joint application before the Family Court, Dharwad, within seven working days to
formally withdraw their mutual consent divorce petition.
2. Joint Custody: They agree to share joint legal and physical custody of Niveditha,
ensuring both remain active, equal parents in her life.[1]
3. Lifestyle Synthesis: Mr. Ravindranath agrees to moderate his lifestyle rules, permits the
purchase of modern household conveniences, and a family car.[1] Ms. Anitha agrees to
support the family’s continued philanthropic and CSR initiatives, ensuring the children are
raised with strong values of humility.[1]
4. Financial Security: To secure the future of both Niveditha and the expected biological
child, Mr. Ravindranath has agreed to establish two separate, irrevocable trust funds of
Rs. 50 Lakhs each in their names.[1]
Counsels, do these terms cover all aspects of our dispute?
Advocate S.B. Havaldar: Yes, Mediator. These terms are highly precise and protect my client's
and the children's welfare perfectly.
Advocate Kiran Desai: We agree. These terms are legally sound, respect our client's parental
role, and secure the family's future under the Mediation Act, 2023.[1]
Stage 5: Settlement
Narrator: We now enter the final stage, Stage 5: Settlement. The mediator reads out the final
Mediation Settlement Agreement, and the parties sign the legally binding document, concluding
the dispute amicably.
Mr. Shrinivas Murthy (Mediator): I will now read the final Memorandum of Mediated
Settlement under the Mediation Act, 2023:
● Clause 1: The Parties agree to reconcile immediately and file a joint application before
the Hon'ble Family Court, Dharwad, within seven working days to formally withdraw their
pending petition for divorce by mutual consent.
● Clause 2: The Parties shall share joint legal and physical custody of their adopted
daughter, Niveditha, and their expected biological child, raising them together in a unified,
cohesive household.[1]
● Clause 3: The Respondent shall purchase a family car, install modern household
conveniences, and provide a comfortable, practical standard of living.[1] The Petitioner
shall support the family’s philanthropic initiatives.[1]
● Clause 4: The Respondent shall create two separate, irrevocable trust funds of Rs.
50,00,000 each in the names of Niveditha and the unborn child within thirty days of this
agreement.[1]
● Clause 5: This agreement is in full and final settlement of all disputes, and both parties
waive their rights to pursue further litigation.
Please sign the agreement to formalize your commitment.
(Ms. Anitha and Mr. Ravindranath sign the agreement, followed by their counsels and the
mediator)
Mr. Shrinivas Murthy (Mediator): Congratulations to both of you. You have successfully
bypassed a painful court trial and secured a unified, protected future for your children.[1]
Narrator: With the execution of the Mediated Settlement Agreement, the simulation is complete.
The parties have successfully used the structured stages of mediation—Preparation,
Introduction, Joint and Private Sessions, Negotiation, and Settlement—to resolve their complex
family dispute amicably, demonstrating the true power of Alternative Dispute Resolution. Thank
you.