Mediation In Matrimonial Cases: A Judicial Perspective In India

Abstract

In recent years, there has been a significant shift in the way that people see marriage and its social importance. The expectation of marriage being a lifetime commitment has changed. Other causes of family conflicts emerged as the principle of equality replaced hierarchy as the foundation of family law, and it became socially acceptable to dissolve unions that were simply unpleasant or unfulfilling. Families are crucial to any culture or community. A family is a collection of individuals as well as an organisation. In the family, emotional needs are taken care of in addition to, and maybe even more importantly than, financial demands. Conflicts over property inheritance and divorces are more common than ever. Possible explanations include psychological imbalances, professional problems, and economic concerns. The researcher looked into the socio-legal aspects of what leads to conflict in families. It is imperative for society to devise strategies to safeguard the family unit and prevent and settle conflicts that jeopardise its delicate structure. This research papers goal is to present mediation as a different approach to conflict resolution for resolving family issues. The researcher suggests mediation as the ideal method for resolving these disputes since it offers a number of advantages such impartiality, independence, objectivity, and appropriate consideration of the issues at hand. The researcher also gives a summary of the several Indian legislative & Judicial systems that support alternative dispute resolution (ADR) in family disputes.