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Family Dispute Resolution

1449 Words6 Pages

Abstract- The settlement of matrimonial disputes is a challenging job for by the judiciary. The nature of matrimonial disputes is unique and calls for equally unique means for their amicable settlement. The family is considered to be the basic unit of society, any disturbance in family is bound to affect the society as a whole. The State is under an obligation to preserve and protect the family. Thus, the family dispute resolution must be done amicably using specialized means. The ADR is specially suited for this purpose. The matrimonial laws incorporate within themselves the ADR approach. The need for special forum for family dispute resolution is fulfilled in the form of the Family Court keeping in view the special nature of family disputes. …show more content…

A society requires effective dispute resolution to be stable and to secure a peace in the society. Thus efficient and effective dispute resolution systems become necessary. The adversarial litigation system leads to delay , costs and harassment to the litigants. The objective of justice for all in the society seems a distant reality due to the shortfalls of the adversarial system. Here in this situation the alternative dispute resolution seems to be the right choice.
The Constitutional mandate.
The right to life and personal liberty guaranteed under article 21 of the Constitution cannot be taken away except according to procedure established by law. The words life and liberty are to be liberally interpreted and the procedure referred in therein should be reasonable, fair and just. Thus the right to speedy trial is considered to be the part of right to life and liberty.
To uphold this right of speedy trial enshrined in the philosophy of the constitution, the legislature has adopted legislative measures. As the existing judicial system is not able to cope with the burdens of increasing litigations resulting in delay, there is growing awareness and acceptance for the …show more content…

Family Courts must be given more authority regarding conclusive determination. Mandatory reconciliation achieved must be final.
Creating awareness among people about ADR and its benefits. Encouraging people to opt for ADR.
NGOs and Medias role to be more prominent.
Skilled and trained councilors, mediators are required.
ADR is having all the advantages over the traditional adversarial litigation system. Family disputes are peculiarly suited for the ADR application. The necessary ADR approach is incorporated in the matrimonial laws in India. It would be very unwise for the litigants as well as the judiciary and the society as a whole not to opt for and reap the benefits of the ADR while resolving their matrimonial disputes.
REFERENCES
* ALTERNATIVE DISPUTE RESOLUTION IN INDIAN FAMILY LAW –
REALITIES, PRACTICALITIES AND NECESSITIES
By- Anil Malhotra and Ranjit Malhotra
• Alternative Dispute Resolution: Negotiation and Mediation, Madabhushi Sridhar, Lexisnexis Butterworth, Wadhwa Nagpur. • Arbitration & ADR (An essential revision aid for Law Students), Universal Law Series, Universal Law Publishing Company

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