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Mediation in matrimonial disputes
In india, marriage is considered as a sanctimonious institution where two individuals are united in a sacred tie. Hindu marriage harmonize two individuals for ultimate eternity. It is the union of two individuals as spouse and is recognised by liveable continuity. Hindu marriage is followed by all traditional rituals for consummation. Muslim marriage is consider as a social contract between two individuals called "Nikah". Marriage in India is not only the union of two individuals but also the union of two families. We are living in the disposable society, where breakdown of marriages is quite frequent due to various reasons like: People are too quick to seek comfort when things aren't working out in their marriage, domestic violence, cruelty , uncompromising attitude of both the partners.
All this things combinedly increase divorce cases in Indian legal system.It is the responsibility of the courts to dissolve the marriage for a valid reason. As we know that Indian judiciary is already overburden with cases so for this purpose, the Indian legal system encourages the reconilireconc of matrimonial disputes between the parties. Alternative dispute resolution methods for resolcres dispute is relatively a new trend in India.In matrimonial disputes mediation provide an opportunity to the party to save their marriage, it is an informal process to resolve dispute and the third party that is mediator who clarify the misunderstanding between the parties. After filing a case for divorce, parties were sent to mediation first and if no agreement it reached between the oartpar then they can move to the court. Mediator is someone who is impartial and neutral towards both the parties, it is appointed by the court according to the qualification required and there are mediation centers set up in the court.
Section 23(2) and section 23(3) of Hindu marriage act,1955 Sec 23 (2) : Decree in proceedings-Before proceeding to grant any relief under this act,it shall be the duty of the court in the 1st instabin,in every case where it is possible so to do consistently with the nature and circumstances of the case,to make every endeavour to bring about reconciliation between the parties. Sec 23(3) : For the purpose of aiding the court in bringing about such reconciliation, the court may ,if the parties so consider or if the court think it is just and proper so to do adjourn the proceeding for a reasonable period not exceeding 15 days and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person,with directions to report to the court as to whether reconciliation can be has been, effected and the court shall in disposing of the proceeding have due regard to the report.
Section 34(3) and section 34(4) of specuas marriage act,1954 also talk about reconciliation between the parties.
Section 09 of Family Court Act,1984: Duties of the family court to make efforts for the settlement of disputes related to divorce, child custody, maintenance, and other matrimonial disputes.
- Marriage
- Mediation in matrimonial disputes
- Duty of the family court
