Open Access Research Article
MARITAL MEDIATION – TO RESTORE A CONJUGAL LIFE. AUTHORED
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Article Details
MARITAL MEDIATION – TO RESTORE A
CONJUGAL LIFE.
AUTHORED BY - URBEE GHOSH
Abstract
In Indian culture, marriage is
a common practice. No longer is it assumed that marriage is an inevitable
commitment. Any family conflict could be settled via mediation, which not only
releases time for the judiciary but also can settle disputes expeditiously.
When effectively utilized and widely publicized, mediation offers advantageous
outcomes. For instance, between 2015 and 2021, the Family Court, Tis Hazari
Courts, in Delhi, assigned a total of 109,869 cases to mediation; 95,102 of
those cases were ultimately handled satisfactorily, giving the court an overall
success percentage of 86.56 percent. Disputes between families can
bring significant barriers in the future, so it is inevitable to
address the concerns to settle meticulously. Children born out of such
wedlock face major challenges as a result of their parents' pointless conflicts,
which often end in a legal battle. To resolve matrimonial challenges,
a unique approach is needed. Relationship issues primarily cause due to high
expectations, insecurity, etc. Family or personal issues are deemed to be
sensitive and subjected to volatility. This article aims to advocate
mediation as an evolving replacement for litigation in resolving marital
and family disputes.
Keywords: Disputes, Mediator, Mediation, Marriage,
Relationship.
INTRODUCTION
“A happy family is but an earlier
heaven.” –George Bernard Shaw[1]
A third person who intervenes in
a conflict between two parties is the mediator. Marriage is a ritual where both
parties share an adorable relationship. In comparison to, a statutory
requirement, marriage is a social event. Marriage, especially (Hindu Marriage),
has a vital aspect of patience, adaptation, and mutual connection, which enhances
a happy marital life. Humans think in a bit complicated manner. Conflicts are
caused by this negligible deviation. Problems arise from controversy. Disputes
construct when disagreements remain unresolved. A family is a tiny entity that
is frequently the hub for conflict to arise, mostly resulting in separation and
breakup. According to Herbert Jacob, In the early nineteenth century, the status of women was
inferior in comparison to their spouses. A woman had to give up her maiden
name after marriage instead adopt her husband's name. Her new title
served as a symbol of overall subordination to her spouse. Law and custom
both were supposed to maintain her equilibrium with her husband. In
exchange, wives were supposed to take care of the home and gratify their
husbands' sexual desires. Last but not least, even if they brought the property
into the marriage, women back then had no authority over it.[2] Hinduism
portrays marriage as a holy union and a divine covenant for procreation and the
maintenance of the family line. Marriage is required because single men
are unable to participate in some significant religious ceremonies. Divorce was
unheard of in Hindu shastras, where marriage was a
lifelong commitment, and the wife regarded her husband as a supreme
being. While there are related human relationships involved, marriage problems
are distinct from other forms of discord.[3]
These factors include feelings, societal obligations, motivation, individual
liabilities and duties of the parties, etc. However, the security for a future
life as well as the points of view of both the spouse in general and the
institution of marriage in particular are of the utmost importance. Mediation
is currently a generally accepted method of resolving problems with
marital issues. Subsequently, the
mediator maintains a free flow of communication between the parties while
mediating an interpersonal dispute so that they may both could
discuss their misunderstandings and reach a solution with a
mediator's guidance. Therefore, putting everything else aside, a mediator needs
to be a good listener with patience. In a situation when both parties lose
their tamper, the mediator should keep patience throughout.[4] A
mediator must have particular expertise and training in matrimonial laws, He
needs to be competent at managing the compromise idea to head the mediation
session more successfully.
HISTORICAL BACKGROUND
The ancient world is where mediation
first emerged. At least three thousand years ago, mediation has been
followed by various cultures as an avenue for resolving conflicts.[5] It
takes a trip through culture, comprehension, translation, battle, and peace to
comprehend their native history. It is important to note that mediation is
a rapidly developing process, which makes it ready to be institutionalized
and legitimized as a regular part of the legal framework. Mediation in the
context of divorce started developing in the middle of the 1970s with more
people seeking the dissolution of marriage and finding the legal process
particularly inconvenient.[6]
California invented divorce
mediation in the United States of America. Following this, marriage
conciliation and mediation constitute judicial services in the world. Based on
the work of O.J. Coogler, an Atlanta attorney who designed the mediation
process so that it could be repeated and taught, a private market for divorce
mediation developed across the USA. As a result, by the end of the 1980s,
marriage-related mediation and conciliation had become widespread throughout
the United States. The method can also be used in many other contexts for
resolving disputes besides divorce and familial issues, and the
fundamental aspects of it persist.[7]
As a result, in California mediation
is applied in common parlance. Following that, courts around the world played a
crucial role by requiring mediation, especially for child custody because it
has a significant impact on the psychology of children. As a result, mediation
was initially utilized to settle family disagreements because it was
appropriate for the circumstances at the time. however, in today's world, the author,
that only needs to be
escalated, and California's practice supports the premise that family
disagreements can be settled through mediation. Family and divorce mediation
began from a broad spectrum of areas, including labour mediation, counseling,
negotiation, law, anthropology, social psychology, and education. To support
the development of this fledgling profession, the Family Mediator Academy was
established in 1981 by a diverse group of Mediators, including mental health
professionals, attorneys, academics, and business people.[8]
E.g., During the 1940s in India, family or
matrimonial disputes were brought by the villages to the panchayet head or
Sarpanch who then become the mediator and try to settle down the conflicts. But
in due course, it is found that mediation is cheaper and expeditious.
FAMILY AND MATRIMONIAL DISPUTES IN
INDIA
Marriage is one of the
fundamental aspects to create a divine and civilized society. The idea of
marriage was first introduced as a sacrament in prehistoric times. As a
sacrament, marriage is inevitably suggested as a sacred, eternal, and
inseparable relationship. Every Hindu is required to marry, making it a
mandatory samskara. It was viewed as being especially important for having
children.[9]
Therefore, a marriage dissolution has serious effects on a family and
necessitates more modification of relationships, fundamentally breaking the
peace and harmony of the family. Today, instead of engaging in a prolonged
legal struggle, our laws and the courts encourage spouses involved in
marriage issues to try to fathom amicably. Furthermore, mediation is a method of dispute
resolution in which a neutral unbiased third party, nominated by the
parties or by the court, assists in reaching a mutually agreeable and
harmonious arrangement. By Section 16 of the Civil Procedure Alternative
Dispute Resolution and Mediation Rules, 2006, a mediator's job is to facilitate
parties' voluntary dispute resolution, convey one party's viewpoint to the
other, play a role in identifying issues, minimize misunderstandings, establish
priorities, and look for areas of compromise.[10]
Different steps to achieve mediation
on marital or family disputes are:
Preparatory measures: The mediator meets the party first and
informs them about the pros and cons of the mediation. In
addition, the mediator will explain any doubt arising out of it. This step can
be taken over the phone; it is not necessary to speak to each other in person.
Background: The mediator in the above instance should
present the opening statements and explain his objectives being a
mediator. The mediator will then look into whether or not both parties are in a
state to mediate or settle among themselves.[11]
If both parties agree, the mediator goes for mediation. If the parties choose
not to submit the matter for mediation, the Court will impose some number of
penalties on them.
Facts and issues: Both parties will be allowed by the
mediator to discuss their problems in their initial opening remarks. The
purpose of doing this is to have a better knowledge of the scenario at hand.[12]
Exchange of views: Now, the mediator will
inquire the parties for more specific details that are relatable
to this dispute. The mediator will also choose which should be the
exact point of the issue.
Mutual discussion: Anyone involved gets a
chance to discuss their concerns in private with the mediator after the
combined formal hearing of the issues thereafter, with their legal
representatives, if they wish to. It is a crucial stage that serves to get the
parties ready for negotiation.
Negotiation: The problem will be cleared by the
mediator, and the parties continue to negotiate until they settle. The
situation will be brought before the court if negotiations are futile.
Award: When the agreement's terms are set,
both sides will meet again. The parties would get verbal affirmation from the
mediator about the settlement, which they can record and sign.
The agreement is legally binding in a court of law. The mediator concludes by
praising the parties for their involvement and cooperation during the course of
the mediation.[13]
WOMAN COURTS – A PLATFORM FOR MARITAL
DISPUTE
The literature on "legal
pluralism" or "alternative dispute resolution (ADR)" in India
devotes barely any emphasis to the recent growth of what is a "women's
court" across the country. The objective is to prevent matrimonial
litigation and work toward the reconciliation of the couple who is the
party to the suit and the preservation of their family.[14] This
can be achieved by persuading the parties to accept an amicable resolution
to their disputes, which typically includes pledges from both sides to
stop acting in ways that have previously led to conflict. Many different
titles, like Mahila (or nari) Adalat (women's court), mahila mandal (women's
circle), Mahila panchayat (women's council), Mahila Manch (women's platform), Nari
Nyaya Samiti (women's justice committee), and others., are given to these organizations
in local languages.
The Government of India started
establishing specialized courts to hear specific types of cases and encouraged
the resolution of conflicts through the use of procedures outlined in the
Arbitration Act,1940 a product of the colonial era. Additionally, it made an
effort to refashion or resuscitate traditional methods of conflict settlement.
As a result, a system of judicial councils, also known as Nyaya panchayats, was
implemented in the late 1950s.[15]
Although it was stated that these councils were based on existing rural communities
or caste panchayats, they were quite different from the latter.
The said court is discovered
specifically for women. But, the majority of women who experience domestic
violence and other types of marital conflict still do not seek help from the
government and never even consider doing so. Under legal diversity or informal
law, it is commonly explored how the traditional dispute resolution mechanism
or the state-sponsored Alternative Dispute Resolution (ADR) system operates to
address the marital and associated family issues that women face. This is
correctly referred to as "unofficial law" because these alternative
mechanisms do not try to enforce the laws prohibiting domestic abuse, among
other things, but instead use persuasion to reconcile estranged husband and
wife and encourage them to adhere to patriarchy-inspired social norms that
dictate men should play the instrumental role and women should play the
expressive role.[16]
The establishment of a women-centric
court categorically was first proposed in the year 1997. The Family Courts Act
of 1984 (Chapter IV9(1)) specifically directs these courts to assist parties in
settling to avoid having to bring their case to a judge. Almost two decades are
over, but changes are indolent. Mainly because courts are overburdened with
cases. Subsequently, women, these days are more tilted towards mutually ending
up a relationship rather than instituting a suit, until the situation is worst.[17] Thus,
the foundation of women’s courts that are certified/ assigned to deal with
matrimonial disputes and act as an alternative dispute resolution will allow
speedy disposal of marital conflicts.
LEGAL FRAMEWORK
According to the NCRB report, cruelty
by spouses or their relatives (Section 498A IPC), which is the core of
matrimonial disputes, will account for 1,11,549 new cases reported and 1,12,292
victims by 2020, representing a 17% crime rate per lakh population in India.[18] Section 89 (CPC) of the Code of Civil
Procedure was added in 2002 to include mediation. When issues occurred between the couple after
the birth of a girl child. In Mushtaq Ahmad v. State filed a case of divorce
against the husband along with an FIR under Section 498-A of the IPC.
Everything was settled amicably after the Karnataka High Court requested
mediation. The wife decided to revoke the FIR she had filed, and the court
granted it in the course of exercising its inherent authority to uphold the
interests of justice. [19] Family
law is a highly distinct area of law, on its own. Family law disputes must be handled
cautiously. In several family disputes, including child custody, marital
discord, and money difficulties, mediation is beneficial. Due to a shortage of
conciliators or mediators who may focus on the fundamental issue, minor issues
become so insignificant. Large-scale marital issues arise as a result
of their lives. Simple family law knowledge is insufficient to resolve a
family conflict. Such matrimonial issues should be resolved using the law,
sociology, and psychology. The goal of the legislation ought to be to promote
marriage and marital relationships rather than to undermine them. The institution of marriage promotes
society adequately. Without the institution of marriage, society would cease to
exist. The institution of marriage reproduces over generations. In
India, there exist laws governing the mediation or restoration of marital ties.
Section 23 (2) [Hindu Marriage Act,
1955][20]
The parties must be sent to the
mediator whenever there is still a possibility for reconciliation in case the
marriage survives. They should be allowed to communicate with another while a
mediator is present. It is challenging to keep the peace during a mediation
session. When there is a significant separation in a relationship, people lose
emotional control, which causes their buried feelings to come to the surface.
Section 498A[21]
Every exhausting sorrow in married
life has a dark side. India is a predominantly masculine nation.
Women throughout the nation always conceal their torture to erase
criticism from society. No matter what,
women are blamed for any problems involving marriage issues. Women
naturally resent speaking up in public. The offspring of such unions suffer
from mental exhaustion. When a situation arises, an objective observer standing
outside a closed door is crucial for reading the victims' minds. To talk from
the heart, one must be aware of their emotional stability and comfort their
spirit. Therefore, it might not affect the marriage but might tone down the
severity. It might essentially be a mutual split where both parties commit to
caring for their dependents and ending their marriage amicably. In a case
called Aviral Bhatla vs. Bhavana Bhatla that just happened.[22]
The Delhi High Court's
mediation center effectively assisted the parties in settling, and the Supreme
Court affirmed the decision to settle the issue through mediation.[23]
However, there is still a clause that
states that family and matrimonial problems must be settled through mediation.
It is not sufficiently regulated. Instead of assisting them in reconciling if
there is a chance, they consult an advocate who typically demands a large fee
in return. As a result, mediation needs to be implemented fully right away.
This will lessen the weight of court lawsuits in terms of time and money
savings as well as the emotional state of any parties involved in such
disputes.
For example: In a recent judgment by Supreme Court, K. Srinivas Rao vs D.A. Deepa[24]
Many families may be spared misery if all mediation centers establish
pre-litigation desks/clinics and marriage issues are taken up for
pre-litigation settlement, even if only part of them are. The court also ruled
that disputes must be submitted to mediation centers at the earliest
opportunity, or when they are heard by the Family Court or the court of first
instance. The majority of matrimonial problems, particularly those involving
child custody, support, etc., are well suited for mediation.
ROLE OF JUDICIARY
"Mediation" is an adequate
replacement method for resolving matrimonial issues, that is how they
encourage the parties to consider mediation as a possible way of resolving the differences.
Unresolved Marriage disputes sometimes stem from an insignificant
issue that can be solved quickly. Thus, some concerned landmark judgments to
be summarized as:
In, K. Srinivas Rao vs D.A. Deepa[25],
The Apex Court acknowledged "mediation" as an effective
tool for resolving disagreements in marriage cases through alternative conflict
resolution, and it ordered all mediation facilities to set up pre-litigation
desks or clinics and try to resolve matrimonial problems before they go to
court. Furthermore, the Court directed all mediation centers to establish
pre-litigation desks or clinics and work to resolve marriage problems before
going to trial. In marital skepticism, the misunderstanding is the
basic reason that is frequently insignificant and accessible to
resolution. The practice of mediation as an alternative dispute resolution
approach is now recognized by the law. Numerous matrimonial problems have been
sent to mediation institutes by us. According to our experience, the Court
resolves 10% to 15% of matrimonial problems through various mediation
programs. It is believed that the dispute should be sent to mediation
centers at the earliest opportunity, or when it is heard by the Family Court or
the court of first instance. Matrimonial problems, especially those
involving child custody, support, etc., are ideally suited for mediation. The
Family Courts should refer the parties to mediation institutes where trained
mediators are appointed to arbitrate between the parties even if the counselors'
efforts are futile. They have achieved good results since they have
mediation expertise. Pre-litigation mediation is also acquiring the throne. To
conduct pre-litigation mediation, several mediation institutions have
established "Help Desks" at popular spots such as facilitation
centers at court complexes. A lot of marriage-related disputes are
reportedly resolved at Delhi Government Mediation and Conciliation Centres and
Delhi High Court Mediation Centre. Pre-litigation mediation is successful in
these centres regularly. Many families will be spared misery if all mediation
facilities establish pre-litigation desks/clinics with adequate publicity and
take on marriage issues for prelitigation settlement, even if only some of them
are. Even though a violation of Section 498-A of the IPC is not compoundable,
the criminal court should instruct the parties to consider mediation if they
are prepared to do so and if it appears to the court that there are components
of a settlement. This is not done to weaken the strictness, effectiveness, or
intent of Section 498-A IPC, but rather to identify situations in which a
marriage dispute can be resolved lawfully. The Judges must make sure that this
exercise does not result in the erring spouse adopting mediation as a means of
evading the reach of the law. The parties have the option of ending their
relationship on mutually acceptable terms via mediation or making up and
staying together. the parties could consider the possibility of
resolving their differences through mediation in matrimonial disputes since
mediation "is an effective method of alternative dispute resolution in
matrimonial matters." All mediation centres must establish pre-litigation
desks or clinics, promote them widely, and work to resolve marriage problems
before going to court.
In, Kishan Kumar Batra &
Ors. v. State Of Nct Of Delhi & Ors[26], As
has already been noted, the complainant in this case admitted before the court
that she is no longer interested in prosecuting the petitioners as a result of
the FIR she filed because the disputes were amicably resolved under the settlement
agreement reached between the parties on 30.5.2007. Thus, the FIR filed against
the petitioners at the request of respondent no. 2 complainant as well as the
criminal trial that resulted from the said FIR deserves to be quashed in light
of the aforementioned opinions of the Hon. Supreme Court in B.S. Joshi's case
(supra) and to uphold the ends of justice. The instant case was dealt with by
Delhi Mediation and Conciliation Center.
In, Pushpa v. The State Of
Madhya Pradesh[27],
Smt. Poonam, the complainant, stated that she is settled back into her marital
house and has no further complaints to make against the applicants.
Additionally, she mentioned that the father-in-law recently passed away. The
Apex Court determined that Section 320 of the Cr.P.C. does not restrict or
affect the inherent powers of the High Court granted under Section 482 of the
Cr.P.C. in cases of matrimonial disputes if the application was filed under
Section 482 of the Cr.P.C. for quashing criminal proceedings, FIR, or complaint,
the parties have testified in front of me that the disagreement has been
amicably resolved by the documented compromise, and the complaining wife has
been interrogated. Their daughter is four years old.
In, Gaurav Nagpal vs Sumedha
Nagpal [28] The
fact that so many divorce and judicial separation cases are being filed in the
courts is a very unsettling trend. The HMA's divorce regulations classify the
circumstances in which a divorce decision may be requested. The mere fact that
such a path may be taken shouldn't often encourage people to file for divorce
unless their marriage has irreparably broken down. Conciliation efforts should
be made to close the communication gap that resulted in such unfavourable
procedures. People who rush to the courts to dissolve marriages should do so as
a last resort, and courts should attempt to mediate conciliation until it is
unavoidable. The goal should be to preserve marriage rather than to end it. As
previously said, it is particularly crucial when children suffer the most from
a marriage's divorce.
In, S.K. Virmani v. Delhi
Police[29],
The appellant submitted his RTI request to the SPIO of the Delhi State Legal
Services Authority on September 30, 2012, asking for specific information
regarding mediation in matrimonial cases for the DSLSA, DHCLSC, Dist. Legal
Service Authority, Tis Hazari, and District Legal Services Committees at Tis
Hazari, Patiala House Courts, Karkardooma and Rohini Courts, CAW Cells, and
Police Stations in Delhi. the Appellant wanted to know how many instances
(mediator-by-mediator) had FIRs recommended for filing. He was informed by the
CPIO that mediators lack the power to suggest the filing of an FIR. The
Respondents reaffirmed their position throughout the session, claiming that the
Mediators lack the power to propose the filing of an FIR. They simply record if
the exercise to settle disputes between the parties was successful or not. The
Appellant, however, refuted this claim made by the Respondents and claimed that
in certain instances the Mediators had overstepped their bounds and suggested
the filing of a FIR. Then, for them to respond appropriately, the Respondents
requested that the Appellant specify the particular instance. Then, for them to
respond appropriately, the Respondents requested that the Appellant specify the
particular instance. However, the Appellant asked that the Respondents look
through all of their files and documents about mediation matters to see if
there were any examples where the Mediator had recommended filing an FIR. The
Respondents stated that they were unable to do so because it would be
impractical for them to do so and would also unfairly drain public authority
resources.
CONCLUSION
Around the world, alternative dispute
resolution is gradually replacing traditional litigation as the preferred and
required method for resolving issues. Even in many international difficulties,
mediation proved to be the best approach for resolving business discord. The
various layers of appeal also frequently wear out the persons involved and
overwhelm the legal system. The Indian Legislature has been working to connect
the bridges to align with the developing international jurisprudence while
simultaneously advocating the mediation method.”[30]
In particular, in marriage and family
law, the Law Commission of India strives to heal the gap between personal law
and those of other religions in India. Alternative dispute resolution processes
should be made mandatory in the courts once the problems have been articulated,
according to the 129th Law Commission Report.[31]
Given that mediation is a
confidential procedure, marital disagreements ought to be given consideration.
The spouse or a relative of the husband of a woman subjecting her to cruelty,
according to the provisional interpretations of Section 498A (IPC) of the
Indian Penal Code, which deals with marital and family legislation.
Additionally, the Apex Court decriminalized adultery under Section 497 of the IPC
due to gender prejudice. Currently, cruelty is being planned across a broad
region where mediation is essential for resolving conflicts outside of court.
This kind of dispute settlement not only saves time but also lessens
resentments and awkward relationships that could develop during litigation. The
marriage process is postponed if the circumstance is like such. Almost no
chance of remarriage remains when the partners experience a physical and mental
wreck. A tolerant relationship may be maintained through mediation, and it also
provides a way out if one wants to. A glimmer of hope is offered through
mediation for couples who may be able to mend fences. The system of
conciliation or mediation is required by society to support a marriage
connection. To become actively involved in the disagreement and hasten its
resolution, mediation in a family dispute is used. Mediation has two functions:
it may be used to start a relationship from scratch or to leave the
"relationship" platform altogether. In other words, mediation either strengthens a bond
between parties or disintegrates. Family
conflicts can happen in any family, which is the foundation of any society. As
a result, it is advisable to resolve the relevant conflict in a timely and
economical manner, as this will further promote personal development, societal
development, and national development as a whole.[32]
Way Forward:
Families suggest that parents make
significant contributions to their kids' development. Most families are
presently dissolving as a result of a lack of a flexible attitude. Most
importantly, the progeny is the main victim throughout. They could struggle to decide
on who they wish to live with. Children who are too young to understand the
harsh truths of life shouldn't be brought into court. His mental health could
be impacted by it. As a result, mediation is crucial in preventing a family
from drowning.
The following recommendations may
greatly assist readers in traversing arbitration and avoiding conflicts.
Although the process might not ensure success, it undoubtedly will
be improved.
1) Mediators should hold regular
training sessions so they can determine the objectives of the training.
2) The past should be taken into
consideration. The past has the power to shape the present and the future.
4) To educate the public on the
advantages of such peaceful conflict settlements, awareness initiatives such as
conferences and seminars should be undertaken.
5) Law students must get legal
instruction on alternative dispute resolution.
6) Advocates, judges, law students, and
other legal volunteers must actively participate to promote Mediation.
7) Non-profit organizations (NGOs)
should support the marginalized sections the society to trust mediation as
a procedure to resolve marital disputes.
8) All relevant parties must be present
throughout the mediation process; if any party is not present, they will be
given a notice to appear within three days. During mediation, everyone is
entitled to express their views.
9) 9) It is up to you whether or not you
provide the mediator access to all relevant papers during the mediation
process. If someone wants to reveal such records, they must give the mediator
notice before a week has passed. On the other hand, one must carry the
documents (more than one copy) with them if they do not wish to divulge yet
have the required paperwork on hand.
10) Families and marriages should only be resolved
via mediation. Family problems are private. People are reluctant to discuss
their private cases in a public setting. Therefore, the best method for
resolving disputes involving these sensitive laws is mediation.[33]
[2] Int. Conf.
SOCIETY. HEALTH. WELFARE, SHS Web of Conferences 30, DOI: 00018: 10.1051/ shs conf /20163000018,
2014.
[3] Indira Sharma, Balram Pandit, et
al. Hinduism, marriage, and mental illness,
55(Suppl 2), National Library of Medicine (NLM); S243–S249 January, (2013).
[4] James A. Wall, Jr., and Ann Lynn, Mediation:
A Current Review, Vol. 37, No. 1, The Journal of Conflict Resolution (JCR),
pp. 160-194, (1993).
[5]Surbhi
Soni and Ruchika Sharma, “Mediation in Matrimonial Dispute – Indian
Perspective” IJLMH | Volume 1, Issue 5 |
ISSN: 2581-5369, (2018).
[6] Trina Grillo, “The Mediation
Alternative: Process Dangers for Women”, Vol. 100, No. 6, The Yale Law
Journal (YLJ), pp. 1545-1610, (1991).
[7]
Int. Conf. SOCIETY. HEALTH. WELFARE, SHS Web of Conferences 30, DOI:
00018: 10.1051/shs conf /20163000018, 2014.
[9] Harsimran Kaur Bedi, “ The
Concept of Marriage Under Hindu Law and Its Changing Dimensions”, ILI Law
Review, Winter Issue, pp. 103-132, (2022).
[12] Steven Morrison, How to Meditate: A
Step-by-Step Guide? Ideal Life Institute, (2023).
[14] Sreeparna Chakrabarty, “ Coming,
women-only courts for alternative dispute resolution”, Updated July 09,
2023, 11:04 am IST, 2023, available at: https://www.thehindu.com/news/national/coming-women-only-courts-for-alternative-dispute-resolution/article67053956.ece, (last visited on 10th
August 2023).
[15] Anshul Parashar, “Development Of
Alternate Dispute Resolution”, Legal Vidhya, available at: https://legalvidhiya.com/development-of-alternate-dispute-resolutiondevelopment-of-alternate-dispute-resolutiondevelopment-of-alternate-dispute-resolution/, (last visited on: 08th
August 2023).
[16] Sylvia Vatuk, “The “women's
court” in India: an alternative dispute resolution body for women in distress”,
Taylor & Francis Online, Volume 45, 2013 - Issue 1, pp. 76-103, (2013).
[17] Navya Mallela, “Alternative
Dispute Resolution In Family Disputes”, available at: https://www.thelawgurukul.com/post/alternative-dispute-resolution-in-family-disputes, (last visited on 05th
August.
[18] Crime Against Women 2020- National
Crime Records Bureau (NCRB) available at: https://ncrb.gov.in/. last visited on (10.09.2022)
[19]Aviva Jogani , Mediation of
matrimonial disputes in India (2018).
[22] ALL SC 2009 February.
[23] Advocatetanmoy Law Library.
[30] Yash Dhawan, “Mediation in
Family and Matrimonial Disputes”, (2020).
[31] Yash Dhawan, “Mediation in Family and Matrimonial
Disputes”, (2020).
[32] M. Kamenecka, “Mediation for
resolving family disputes”, Vol.30 (2016).
[33] Kartik Arora, “Mediation in
Family and Matrimonial Disputes: A Critical Study” (2016).
Article Information
MARITAL MEDIATION – TO RESTORE A CONJUGAL LIFE. AUTHORED
Authors: URBEE GHOSH
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/08/21
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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