Sacred Bonds, Secular Claims: Reassessing The Arbitrability Of Matrimonial Financial Disputes In India
- IJLLR Journal
- Jul 25
- 1 min read
Sejal Chopra, Bharati Vidyapeeth (Deemed to be University), New Delhi, BVIMR
ABSTRACT
In India, disputes within marriages are still not permitted to be resolved through private means due to a public policy principle that treats family matters as inherent rights. This leads all marital conflicts to be handled by a court system that is already burdened, thus undermining the constitutional guarantees of a quick trial and fair access to justice as per the Articles 21 and 39A of the Constitution. This differentiates primary status disagreements like divorce, legal separation, and child custody from secondary financial claims such as Stridhan, spousal support, and property division, asserting that the latter are lesser personal rights and can be subject to arbitration entirely. The contrasts court-mandated arbitration with private agreement orders, demonstrating that the latter offer more finality and protection against future legal battles. The document concludes with suggestions for Indian laws inspired by the family arbitration systems in the UK and Australia, aiming to strike a balance between party autonomy and essential public-interest protections.
Keywords: Marital mediation; Arbitrability. Arbitration and Conciliation Act, 1996. Material and individual rights. Stridhan. Spousal support and child maintenance. Property division. Family tribunal. Comparative Family Law. India.
