Role of Alternative Dispute Resolution in Reshaping Matrimonial Disputes Redressal System: An Analytical Study.

Abstract

The concept of ADR is not new in India. The ancient method of conflict settlement involved resolution of disputes related to family, trade and property.  ADR is an alternative to litigations which involves various forms like Arbitration, Mediation, Negotiation, Conciliation etc. ADR mechanism is gaining importance due to its unique features like speedy disposal, less expensive and more flexible procedures. It has cropped up as the most widely used dispute resolution mechanism for resolving matrimonial disputes. It is because it maintains the family ties and helps to enhance cordial relationships. A family plays a very quintessential role in the development of society. There can be many conflicts in the families over issues pertaining to domestic disputes, restitution of conjugal rights, child custody, divorce, maintenance and inheritance. Under Section 89 Civil Procedure Code 1908, mandates that prior to commencement of trial the parties should be referred to an ADR process. In India, ADR mechanism gets its support from many legislative provisions which helps in smooth functioning of disputed matter without any delays. Indian judiciary has also played an important role in enhancing and encouraging outside Court settlement Matrimonial Disputes through ADR mechanisms. The Family Courts Act 1984, Civil Procedure Code 1858, The Hindu Marriage Act 1955, and the Legal Services Authorities Act of 1987 all contain references to mediation and conciliation in family disputes and encourages conciliation in resolving disputes relating to marriage, family problems, as well as other related matters, amicably.  The Indian Constitution guarantees citizens “Speedy Justice” which can be achieved taking the recourse of ADR mechanisms. Article 21 mandates Right to speedy trial and Article 39A mandates for Free Legal Aid. Through this article the concept of an ADR and its role in resolving the matrimonial disputes is discussed by taking into account the country's diverse culture, and current legal and social situation. This Article is also focusing some drawbacks in ADR system while resolving matrimonial dispute and put light on Judicial Contribution for enhancement of ADR system to solve Matrimonial Disputes.