Kerala - Kochi   

High Court moots settlement of cases

Kochi: A Division Bench of the Kerala High Court on Friday observed that an attempt to seek alternative redressal methods was not only a statutory obligation of the court but also its duty to members of the general public.

The Bench, comprising Justice Kurian Joseph and Justice Harun-Ul-Rashid, while disposing of a matrimonial case, observed that once the parties to a litigation were objectively able to realise the strength and weakness of their cases, they got a fairly realistic picture of the legal position. When they realised that what was morally wrong could not be legally right, they would normally opt for settlement of cases, the Bench said.

Concerned over the recent litigation trend of filing many petitions in matrimonial cases, the court said that access to justice should not be treated as “a handle for multiplication of litigations by taking recourse to all possible legal remedies before all available forums. Easy access to the remedies shall not be permitted to be used as a weapon for harassing the other party. Attempts should be made to avoid a possible litigation,” the court observed.

The High Court pointed out that advocates had a great role to play in the settlement of cases. They should convince their clients that it was in their better interest that they should go for a settlement and give a quietus to the litigations. By settling a case, advocate did not lose anything. The advocates, in fact, gained the goodwill and appreciation of the opposite side, the Division Bench added.

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