Background
ARBITRATION ,India is a secular state where large population practices different religions. The Indian legal system covers the year has also developed in lines with the different religions being practices in India. The importance of alternative dispute resolution methods especially mediation and consideration in resolving family law disputes. Alternative dispute resolution refers to a set of practices and techniques and at permitting the resolution at of legal dispute outside the court potential benefits are said to include the induction of the transaction course of dispute resolution because ADR processes may be cheaper and faster than ordinary judicial proceeding.
Introduction-
Arbitration is a form of alternative dispute resolution and has traditionally being used in civil and commercial disputes. The arbitrator will look at all the evidence including both the written and oral evidence of each party.
Arbitration of family law means when a husband and wife have some issues among them they need to share it with the another party who will try to solve the problem.
Benefits of arbitration-
The benefit of arbitration are that it is quicker, cheaper and more flexible than code proceeding and provide a binding decision based on family law principles. In particular it may be very useful where the parties have reached an arguments but there is a specific limited issue remaining that they cannot agree on.
Characteristics of the Arbitration process-
1. This process can only be applied when parties agree to it.
2. This process is not partial and fair approach will be made.
3. Parties have the benefit of choosing and arbitrator by mutually deciding.
4. Parties have all the powers of fixing the time ,date and place.
Meaning of family
family is a group define by a sex relationship sufficiently precise and in during to provide for the procreation of upbringing of children.
Meaning of family conflict-
– family conflict referred to active opposition between family members because of the complex nature of family relationship family dispute can take a wide variety of forms including verbal, physical, sexual, financial and psychological.
1 disputes between husband and wife.
2Children’s education health and welfare.
3.children’s behaviour.
4 lack of trust.
5 money/ debt
6 Financial support for children’s in case of separated couple.
7 property disputes.
8 Relationship breakdown.
Law relating to arbitration
- code of civil procedure, 1908
It Maybe opposite 2 point out in this regard that all the proceeding in India governed by Hindu marriage act and the social marriage act a regulated by the provision contain in CPC . A joint reading of these above subclauses clearly in the kids and statue mandate laid down by the civil procedure code in the first instance to assist the parties in peaceful settlement in a matrimonial cases in any matrimonial proceeding before a competent court. - Hindu personal law and special marriage act
The Hindu Vedas and ancient taxes considered a marital bond as a scared bone that ties both the partners 47 successive birds. This can be trace in modern governing low for Hindus. Namely the Hindu marriage act 1955 and special marriage act 1954. - Section 23(2) the Hindu marriage act states that before proceeding two grand any relief under the Hindu marriage act it shall be a duty of the court in the first instance to make any endeavor to bring about reconciliation between both the parties in all cases the provision contain section 34 (2) and 34(3) of the real marriage act are perimetria to the provision contain in section 23(2) and 23(3) of the Hindu marriage act.
Also read Domestic Violence and Divorce in India: Protecting Yourself and Your Children 2023
Conclusion and recommendation
1.Family is the first in four most institution it is the oldest among all other institution it is the break bone of the society , and channelize every other institution of the society. Effort should be made to take matters relating to family dispute is a very different manner and using ADR merchandise is one of the possible solution in this 21st century.
2.There is also an urgent need of the day in the current social system every approximately 30 million Indian now leave outside India is to create an efficient legal infrastructure for ADR merchandized in resolving marriages organized in India but also which has been separated abroad.
3.It is recommended by the authors to improve the participation of citizen in ADR mechanisms ,without their participation family arbitration cannot be properly used the citizen has to begin with restraining themselves using the tradition code litigation our constitution give us the right to speedy trial as not nearly affection the right should we give one it’s due respect there is an urgent need for note only establishment of ADR market in urban areas but also in rural areas spouse, parents and couples need to recognize the advantage of arbitration in family disputes.
