Volume 19, No. 2, 2022
Mediation In Matrimonial Disputes: A Judicial Perspective
Mahantesh G S , Mamatha R , Sunil Kumar L.
Abstract
The way people think about marriage and its value in society has changed tremendously in recent years. Marriage is no longer expected to be a lifelong commitment. As the idea of equality supplanted hierarchy as the driving premise of family law, additional reasons for family disputes arose, and it became socially acceptable to end marriages that were either unbearable or just unfulfilling. In any culture or society, family is extremely important. A family is both an organisation and a group of people. In the family, not only economic requirements are met, but also, and perhaps more crucially, emotional needs are met. Divorces and property inheritance conflicts are on the rise like they've never been before. Economic factors, professional issues, and psychological imbalances are all possible causes. The author of the essay conducted a sociolegal investigation on the causes of family conflict. Society must find measures of protecting the family, as well as avoid and resolve disagreements that threaten the family's fragile fabric. The purpose of this article is to offer mediation as an alternative dispute resolution strategy for settling family problems. For the resolution of these problems, the author recommends mediation as the best tool for a dispute resolution system, since these processes provide diverse benefits such as objectivity, proper attention to the issues, impartiality, and independence. The author also provides an outline of the various legal frameworks in India that facilitate ADR in family conflicts.
Pages: 9018-9027
Keywords: Mediation, Family Disputes, Family Courts Act, Civil Procedure Code, Judicial approach