Mediation In Family And Matrimonial Disputes In India: A Socio-Legal Analysis
- IJLLR Journal
- Feb 17
- 1 min read
Surbhi Shukla, Research Scholar, Nehru Gram Bharti (Deemed To Be University)
Prof. Dr. Himanshu Giri, Nehru Gram Bharti (Deemed To Be University)
ABSTRACT
Family and matrimonial disputes represent one of the most emotionally charged and socially sensitive areas of legal conflict in India. Traditional adversarial litigation, though legally authoritative, often intensifies hostility, prolongs emotional suffering, and weakens family structures. In a society where marriage—particularly under Hindu law—is historically perceived as a sacramental and social institution rather than a mere contractual arrangement, the limitations of courtroom adjudication become more pronounced. This paper undertakes a socio-legal analysis of mediation as a mechanism for resolving family and matrimonial disputes in India. It critically examines mediation’s alignment with Hindu legal philosophy, its role within the statutory framework governing family law, and its effectiveness in addressing emotional, relational, and cultural dimensions of matrimonial conflict. The study further incorporates contemporary developments, including the expanding role of Family Courts, judicial encouragement of mediation, and the enactment of the Mediation Act, 2023. While acknowledging persistent challenges such as limited awareness, power imbalances, and infrastructural constraints, the paper argues that mediation offers a culturally resonant, humane, and effective model of family justice capable of transforming matrimonial dispute resolution in India.
Keywords: Family mediation; Matrimonial disputes; Hindu law; ADR; Socio-legal analysis; Mediation Act, 2023
