MKPM RV Institute of Legal Studies®
(Affiliated to KSLU, Hubballi & Approved by BCI, New Delhi)
Academic Year 2024-25
th
8 Semester B.A., LL.B and B.B.A., LL.B.
Conciliation Problem
Mr. Rohit Mehra and Mrs. Anjali Mehra were married in April 2013 in Bengaluru,
Karnataka. They lived together in Indiranagar for nearly a decade and have a daughter, Rhea,
who was born in June 2015. Over the years, the marital relationship began to suffer due to
frequent arguments, incompatibility, and strained communication. In November 2023,
following a particularly intense disagreement, the couple began living separately. Since then,
Mrs. Anjali Mehra has been residing with the child at her maternal home in Jayanagar.
In January 2024, Mrs. Anjali Mehra filed a petition before the Family Court at Bengaluru
under the Guardians and Wards Act, 1890, seeking sole custody of their daughter. In her
petition, she stated that Mr. Rohit Mehra had displayed emotionally volatile and aggressive
behaviour in front of the child on multiple occasions. She expressed concern about the child’s
emotional security and stability, asserting that continued interaction with the father without
proper safeguards could adversely impact the child’s well-being.
Mr. Rohit Mehra appeared before the court and refuted the allegations. He stated that Anjali
was unilaterally cutting him off from their daughter, and claimed that she had been overly
controlling in her parenting approach. He submitted that he has always been a caring and
supportive father, and sought joint custody and structured visitation rights. He emphasized
that their daughter shares a deep bond with him and that his exclusion from her life would be
harmful to her overall development.
On the first hearing, the Family Court, Bengaluru observed that there existed scope for a
conciliatory settlement, particularly given the relatively recent nature of the separation and
the need to avoid prolonged litigation that could affect the child. Accordingly, under Section
9 of the Family Courts Act, 1984, the matter was referred to the Conciliation Centre,
Bengaluru.
The conciliator is tasked with assisting the parties in arriving at a mutually agreeable
parenting arrangement. Key areas for discussion include custody of the minor child (sole or
joint), a visitation schedule for the non-custodial parent, shared responsibilities for the child’s
education and medical care and means to ensure a cordial co-parenting relationship. The
welfare of the child will remain the paramount consideration throughout.
The conciliation process aims to avoid adversarial proceedings and arrive at a settlement that
upholds the child’s best interests while addressing the concerns of both parents.