Mediation: A Path To Peaceful Solutions In Matrimonial Conflicts
- IJLLR Journal
- Mar 5
- 1 min read
Rupal Agrawal. Assistant Professor, Shri Rawatpura Sarkar University, Raipur (C.G.), LL.M. (Alternative Dispute Resolution), ICFAI Law School, Hyderabad, UGC-NET, B.A. LL.B. (Hons), Hidayatullah National Law University, Raipur (C.G.).
ABSTRACT
Man is a social animal and family is a primary institution recognised in all communities. Staying together in the matrimonial shelter, the disputes between husband and wife are natural but sometimes it can exaggerate to the extent, that the parties need a judicial intervention. Such disputes not only affect their mental health but also the growth and development of the children in the family. The couple's remedies are either divorce or judicial separation through a Court order. The beauty of the justice system lies in the fact that such remedies are not granted immediately by the Courts. The Court makes all the effort to maintain the unbreakable bond of marriage. This is the reason Section 89 of the Civil Procedure Code, 1908, Sections 23 (2) and 23(3) of the Hindu Marriage Act, 1955 and Sections 34 (3) and 34 (4) of the Special Marriage Act, 1954 requires Court’s mandate to try mediation as per the nature of the case. The paper explains the role of mediation and the mediator in enabling disputing parties to arrive at a settlement with each other's consent. The researcher has relied on doctrinal research by using legislations and the Civil Procedure Code as a primary source and the journals and articles as secondary sources.
Keywords: Mediation, Matrimonial Disputes, Settlement Agreement, Mediator, India.
