JUDICIAL SETTLEMENT OF MARITAL DISPUTES: A CRITICAL REVIEW OF CURRENT SCENARIO IN INDIA
DOI:
https://doi.org/10.29121/shodhkosh.v5.i1.2024.6202Keywords:
Judicial, Marital Disputes, IndiaAbstract [English]
Marital disputes, including divorce, custody, alimony, and property division, contribute significantly to India’s judicial backlog, with over 3 million pending cases in family courts as of 2024. These disputes often exacerbate emotional and financial burdens due to prolonged adversarial processes and systemic inefficiencies. This article explores strategies to optimize judicial interventions in India by integrating alternative dispute resolution (ADR), leveraging technology, reforming legal frameworks, and adopting therapeutic jurisprudence. Drawing on Indian case studies, global best practices, and empirical data, it proposes mandatory mediation, e-courts, simplified divorce laws, and trauma-informed judging. Challenges such as cultural resistance, resource constraints, and access disparities are addressed with actionable solutions. By combining efficiency-driven reforms with empathy-focused approaches, India’s judicial system can better serve families and alleviate systemic pressures.
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Copyright (c) 2024 Murtaza Hasnain Khan, Dr. Sunil Dutt Chaturvedi
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