Role Of Alternative Dispute Resolution (ADR) In Indian Matrimonial Disputes
- IJLLR Journal
- Oct 27
- 1 min read
Theertha Pemmanaboina & Divya Polisetty, Symbiosis Law School, Hyderabad
ABSTRACT
In a developing country like India, matrimonial disputes often act as a challenge as they deal with various aspects such as legal, social, and emotional challenges, and thus make conventional litigation procedure inadequate and inappropriate. The judicial system is already heavily burdened with delays, and its adversarial nature often ends up aggravating family disputes rather than resolving them. Alternative Dispute Resolution (ADR) mechanisms such as Mediation, Conciliation, Negotiation and Lok Adalats act as a convenient platform for such matrimonial dispute resolution. They are much more humane, cost-effective, and an efficient approach. This paper explores the significance and scope of ADR mechanisms in matrimonial disputes, especially in the Indian context. It also emphasizes its role of preserving relationships, ensuring privacy, and promoting speedy and effective justice mechanisms in line with Article 21 and Article 39A of the Constitution. The study also focuses on the various statutory provisions under the Civil Procedure Code, The Family Courts Act and other personal laws. It analyses landmark judgements and identifies challenges such as a lack of awareness, unequal bargaining power and role, and lack of professional training. Based on this analysis, the paper also proposes certain reforms, such as pre-litigation mediation, standardized compulsory training, and so on. Ultimately, the paper summarizes and concludes that ADR is not merely an option but rather a necessary complementary mechanism that fosters amicable settlements that uphold legal principles and human relationships, creating a win-win situation.
