Dr. Janak Raj Rana
Lets know about the difficulties of Matrimonial or family law cases.
Mediation is becoming the most prevalent method used in family courts for the resolution of marital disputes, particularly those involving divorce, where settlement is indeed necessary. Section 9 of the Family Courts Act makes mandatory that the resolution of the marital disputes regarding maintenance, custody of children, divorce, etc., should take place by the process of mediation.
Provisions to resolve disputes outside of court have found a prominent place in the Code of Civil Procedure, codified marriage laws, and the Family Courts Act. Matters related to marriage, maintenance, adoption, custody, and so on are disputes that are subject to consideration in family courts and the family courts. The laws related to maintenance, divorce maintenance, estate matters, adoption of children, guardianship, etc., may be handled under family law.
Family courts are established to deal with disputes stemming from issues within families, such as terminating marriages or custody of children. Issues relating to marriage, divorce, and children should all go to family courts. One of the primary purposes of the Family Court is to settle the legal disputes which may arise in the home. There are some issues, just as in any system, which are the source of problems when it comes to how these courts work.
The lack of consistency, though, could also be a reason why the Civil Courts are frequently hearing domestic disputes. The fact that hearings are conciliatory does not relieve them from the difficult legal issues family disputes may raise. The disagreements between parties may have business, legal, family, and many other purposes which must be resolved by a non-partisan mediator. Family conflicts should be resolved within the family unit to avoid upsetting the structure of the family.
There are a variety of family and marital disputes witnessed nowadays, such as disputes regarding child custody, divorce, the validity of a marriage, marital status, property, etc. These disputes do not just concern the couples in dispute; they adversely affect all those around them. Divorce is not the only marital dispute which tests marriage; there are several other family and matrimonial conflicts like guardianship, child custody, domestic violence, maintenance, and so on. Most often, it is an unattended small argument which takes the form of serious marital conflict. Persistent marital disputes have profound effects on the husband and wife, but it is important to analyse the effects on the children in the household. Not only do marital disputes pose challenges to a married couple, they also can create emotional and psychological pain to the whole family, especially children.
Some of the many reasons for marital disputes may include alcoholism, nicotine addiction, a lack of communication, an extramarital affair, financial instability, and others, and may lead to a rift in a married couple. The Family Law Act and courts mostly encourage reconciliation and resolution in marital disputes through an amicable settlement rather than litigation in the courts. Settlement, reconciliation, and mediation are mostly not utilized in family law matters. Apart from the solemnization of marriages, matrimonial laws address divorce, annulment of marriages, annulment of a marriage, and other related issues.