NBW could be issued to secure the presence and that option of criminal procedure could not be used to pressurized the parties to settle the matter, however, the court today are using this technique which is not good for our justice system
The service of notice to respondent, after apear for respondent, that stage for mediation.it is mandatory, it's duty of the honble court.hence the honble court being full power, to bring the respondent (wife).
Mediation itself is a voluntary process in such a proceeding issuance of warrant may not be justified.In additional it the mediation is normally done by or before a trained Mediator many a time are Advocates who are not vested with magestirial powers.It goes to the root of the matter.In criminal cases itself the apex courts ordered the magistrates not to issue warrants mechanically unless the court cannot proceed without presence of Accused.The issuance of warrant in civil disputes is foreign to law.When the litigants are present courts and mediators are not doing or showing progress in their cases though they left their jobs,activities etc and attended .If we find a reasonable solution then can then no of this or an alternative.The courts and mediators are wasting valuable time of litigants as of now..The accountability is not fixed to judges and mediators.
Compulsory mediation is not advised..
It is not the question that whether court CAN issue the warrant, it is whether court SHOULD issue...
It is just an opinion poll.
The promotion of mediation in the matrimonial issues is for that such cases are sensitive in nature and most of the marriage failures are due to misunderstandings, ego and communication gap due to unnecessary involvement and influence of third parties between husband and wife. So, mediation is an important aspect which resulted in withdrawal of good number of cases. Hence, both the parties SHOULD attend the mediation. When the parties can attend the court to contest their case, why can't they attend for mediation for one or couple of sittings? In present scenario, it may not be mandatory for a party to attend for mediation, but it should be made mandatory in the interest of safeguarding the motive of mediation. There may not be any wrong in issuance of warrant to such negligent party to attend for mediation. If he / she doesn't like to try to get united, let them explain it to the mediator by attending so. What would go wrong? But unattending can / should be treated as negligence, contempt and wastage of valuable time of court as well as other party in the case and shall be viewed seriously.
It is civil nature case warrant cannot be issued, moreover mediation is process for conciliation, if wife remain absent next procedure is there.
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