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Adjudication Is Not Solution For Matrimonial Disputes: With Special Reference To Mediation In India




Dr. Shashirekha Malagi


“Discourage litigation. Persuade your neighbours to compromise wherever you can. Point out to them how the nominal winner is often a looser in fee, expenses and waste of time.” - Abraham Lincoln


ABSTRACT


“Justice Delayed is Justice Denied” then becomes relevant to take into consideration. Preamble of our Constitution reflects such aspiration as “Justice, Social, Economic and Political”. Art 39A of the Constitution provides for ensuring equal access to justice. But mere providing justice is not sufficient, it must be effective, speedy, and less costly and also not only resolves disputes but also harmonize the relation of parties, as such types of ADR system like Mediation functioning in India to resolve the family disputes.


Keywords: ADR system, Matrimonial dispute, section 89 of CPC, Indian Legislations

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Indian Journal of Law and Legal Research

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