Role Of Mediation In Family & Matrimonial Dispute

Shreyash Gupta, Bhimrao Ambedkar University, Lucknow

INTRODUCTION

Marriage is a stable, long-term partnership between two individuals who have mutually supported each other. It serves as the basis for the family and the organization, and it is defined by six social functions:

• sexual behaviour regulation

• succession

• child care and protection

• socialization

• growth and consumption

• the transmission of assigned statuses like race. The most critical of these ideals is inheritance, which underpins marriage and family life.

1) Marriage is a social event as well as a legal obligation.

2) Tolerance, adjustment, and mutual respect are the foundations of a healthy marriage. There are many variations between and among individuals, classes, and nations in life. There are cultural variations, personal factors, point of view variations, and contextual variation. Disagreements arise as a result of unresolved discrepancies. Disagreements are a source of problems. Unresolved disagreements become a conflict. Unresolved disagreements transform into conflicts. A matrimonial dispute occurs when a couple has a disagreement about the institution of marriage. A disagreement may turn into a conflict. The family, as the smallest unit of society, is often targeted for dissolution, separation, and other types of conflict.

The constantly changing social and family climate has posed new challenges, particularly to the younger population, such as growing insecurity, shifting roles of husband and wife, and the pressures of fast living. All of this has led to a breakdown in marital peace. Divorce rates are that alarmingly and in a geometrical pattern around the world.

Marriages on their knees need help and treatment. They act with a limp and require medical care. Family or marital concerns are considered too sensitive an area for the pity or the unfavourable jurisprudence of the present legal system.