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Are Family Matters Subject To Arbitration In India?

  • Writer: leadindia400
    leadindia400
  • Jan 4
  • 3 min read

In India, Familial Issues Have Become More Common, and The Conventional Judiciary There Lacks The Capacity To Deal With The Increasing Number Of Cases Being Filed. The Court System Is Expensive And Time-Consuming, Consequently, a Different Way Of Resolving Conflicts Is Needed.


Indian Family Law Has Been Significantly Influenced By Other Forms Of Dispute Resolution Including Mediation, Arbitration, And Conciliation. They Give You A Quicker, Less Expensive, And More Friendly Way To Settle Conflicts. They Additionally Offer Individual Attention And Anonymity, Which Are Important In Family Law Matters Containing Topics That Are Sensitive. If Alternative Approaches To Dispute Resolution Were Applied To Family Law Issues, The Accumulation Of Cases In The Courts May Have Reduced And Justice Could Be More Easily Accessible To The Public.


Due To Their Better Resolution Of Disputes Abilities, Expenses, And Efficacy, The Use Of Alternative Dispute Resolution Addresses Including Conciliation, Arbitration, And Mediation Has Recently Been Growing In Prominence.


Arbitration: About


  • Fundamentally, Arbitration Is A Method Of Resolving Conflicts. It Is A Process Whereby A Disagreement Is Agreed Upon By The Parties And Presented To One Or More Arbitrators Who Render A Legally-Binding Ruling That The Court May Execute. The Main Outcome Of Arbitration Is That Parties Choose To Reach A Private, Out-Of-Court Resolution.

  • The Indian Legal System Has Included Provisions For Alternative Dispute Resolution (Adr) In A Number Of Statutes, Acknowledging Its Value In Settling Family Conflicts. Adr Has Improved Family Law By Offering A Quicker, Less Costly, And More Cooperative Means Of Settling Conflicts. In Family Law Cases, It's Crucial To Find A Balance Between Alternative Dispute Resolution (Adr) And Conventional Litigation.


Family Law Arbitration


  • A Spouse Or Ex-Spouse Agrees To Submit One Or More Issues Pertaining To Their Current Or Past Relationships As Spouses And/Or Parents Of The Same Child Or Children To A Neutral Third Party Or Parties In Family Law Arbitration In Order To Receive A Final And Binding Decision.

  • Nonetheless, Family Law Arbitration Is Not Limited To Disputes Between Spouses. In Addition, It Involves Resolving Matters Like Child Custody And Welfare, Maintenance And Financial Support, And Other Related Matters.


Does Indian Law Allow For Family Matters To Be Arbitrated?


Arbitration May Be Used To Describe Any Topic That Could Be The Subject Of Civil Litigation Impacting Rights, Or, To Put It Another Way, Any Disagreements Between Parties About Private Rights Or Obligations That Civil Courts May Consider In Accordance With Section 9 Of The Civil Procedure Code Of 1908.


Family Issues Are Thus Appropriate For Arbitration. That Being Said, This Is Permissible Within The Bounds Of The Law. While An Arbitrator Cannot Issue A Divorce Or Annulment, They Can Make Decisions Regarding Property Division And Other Matters.

It Is Crucial To Remember Two Crucial Code Of Civil Procedure Sections At This Point.


  • Section 89, Which Deals With Resolving Conflicts Outside Of Court


All Courts Were Required To Send Problems For Resolution To Arbitration, Conciliation, Mediation, Or Judicial Settlement After The Issues Were Framed In Order To Carry Out The 129th Report Of The Law Commission Of India. It Was Believed That Litigation Should Only Continue In The Event That These Alternative Dispute Resolution Techniques Failed.


  • Order Xxxiia 6, Which Deals With Suits About Matters Concerning The Family.


It Is Crucial To Remember That The Cpc's Rules Govern All Actions Under The Hindu Marriage Act As Well As The Special Marriage Act. A 1976 Modification To The Code Of Civil Procedure May Be Adopted When Family-Related Issues Arise. The Mandated Settlement Processes In All Marital Proceedings Were Made Possible By This Modification.


Thus, It Is Standard Practice In The Indian Legal System To Give Alternative Dispute Resolution Mechanisms An Opportunity To Settle Family Disputes, Even Though It Is Not Required. In Fact, All Possible Support For This Approach Needs To Be Extended. Selecting Out-Of-Court Settlements Ends Up Being Advantageous For The Public As Well As The Parties Involved. The Courts Are Slightly Less Burdened, And The Parties Gain From Lower Expenses And Less Time Lost. This Makes It Possible For Additional Suits To Be Resolved Quickly.


One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online Free Through Lead India.


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