The Impact Of ADR Mechanism On Changing Dimensions Of Indian Family Legal System. By: D Akshaykumar

The Impact Of ADR Mechanism On Changing Dimensions Of Indian Family Legal System.

             Authored By: D Akshaykumar

Abstract

For centuries, the idea of resolving disputes without relying on traditional court systems has been widely accepted in India. The Alternative Dispute Resolution system, which is still in use today, has been an integral part of Indian culture since antiquity. Over time, processes, customs, and lifestyles have all evolved, and this system is no exception.

 Alternative Dispute Resolution (ADR) plays a major role in family dispute settlement, particularly in developing nations. It is an efficient, cost-effective and less adversarial process which enables parties to resolve their disputes in an amicable manner. ADR is an alternative to traditional litigation and can be used to resolve a wide range of family disputes including divorce, property, inheritance, and custody matters. It is much less formal than litigation and provides a forum for the parties to discuss their issues openly without the need for a court hearing. This process can help preserve relationships and heal the wounds of conflict. The Indian legal system has developed to accommodate different religions. Alternative Dispute Resolution (ADR) processes are increasingly used due to their advantages, such as lower time and cost, easier procedures and better communication. ADR mechanisms like negotiation and conciliation play a major role in settling family disputes, saving energy, time and money of those involved. This article discusses the importance of such methods in resolving family law disputes, looking at the relevant provisions of personal laws and cases.

Key words:

Alternative Dispute Resolution, developing nation, Indian family legal system, customs, personal laws

­Introduction

Disputes and conflicts are typically complex and hard to resolve. Typically, they are resolved through the judicial system, which may be costly, emotionally exhausting, and time-consuming. As a result, more people are turning to alternative dispute resolution (ADR) strategies to resolve their conflicts. ADR is a group of processes and techniques designed to assist parties in resolving disputes outside of court. Negotiation, mediation, arbitration, and other hybrid procedures fall under this category. ADR not only allows for privacy and speedy conflict settlement, but it is also adaptable and reasonably priced. An essential component of the unalienable rights to life and freedom is the right to a prompt trial. In India, where disagreements are typically settled through panchayats, ADR has a long history. ADR is a useful method for resolving personal and family conflicts in addition to commercial disagreements.[1] It enables parties to come to an understanding without the need for costly and drawn-out legal actions. Additionally, ADR fosters understanding and communication, which may assist maintain family ties and lessen the emotional stress brought on by legal disputes.[2]

ADR concepts and kinds

Alternative Dispute Resolution (ADR) is a confidential, economical, and extrajudicial method of resolving conflicts. This non-litigation strategy enables a disagreement to be settled outside of the established legal framework. ADR is becoming more and more well-liked as a substitute for time-consuming and expensive litigation. It is utilised in a number of circumstances, including legal issues, financial problems, consumer issues, and marital disagreements. ADR gives parties the chance to settle disagreements without the necessity for a drawn-out and costly trial. The process enables the parties to reach an out-of-court settlement.  [3]

ADR is usually used to swiftly and pleasantly resolve disagreements so that parties may resume their normal lives. Due to the fact that it is frequently speedier and less expensive than traditional litigation, it is also employed to save time and money. ADR is divided into four primary subgroups: arbitration, conciliation, mediation, and collaborative law. An unbiased third person mediates a dispute between two or more parties in an effort to aid the parties in reaching a win-win conclusion. The mediator does not support or take sides for any party. In arbitration, a neutral third-party arbiter hears the arguments from both parties and makes a legally enforceable determination. Even though conciliation and mediation are similar, conciliation has more power and gives the conciliator the ability to offer solutions to the parties. Last but not least, collaborative law is a procedure where the parties cooperate to address the issue with the aid of a facilitator who serves as an impartial third party.  [4] ADR is being utilised more frequently to settle disputes since it is frequently quicker and less expensive than traditional litigation. It also allows for member-to-member independent conflict settlement and is less formal. The parties may resolve their dispute using any combination of the four ADR forms. ADR is a good alternative to expensive and time-consuming litigation and can assist parties in coming to amicable arrangements.

Why is ADR a strategic necessity?

Using ADR is becoming increasingly important for businesses around the world. With the global economy becoming more interconnected, utilizing ADR methods such as mediation, negotiation, and arbitration is becoming a strategic necessity for companies looking to remain competitive and ensure successful business outcomes. ADR allows companies to quickly and cost-effectively resolve disputes without resorting to costly and time-consuming litigation. By employing ADR, businesses can save time and money while protecting their interests and avoiding lengthy and costly legal proceedings.

For businesses that want to reduce expenses and enhance efficiency, ADR is an important strategic imperative. It is an effective way to settle disputes before going to court, saving the time and cost associated with litigation. Moreover, by resolving disputes quickly and efficiently, customers are more likely to be loyal to the business, improving customer satisfaction and the bottom line.[5] Additionally, ADR can help businesses to become more efficient by reducing the amount of time spent on resolving disputes, as well as saving money by not having to hire attorneys or other professionals. Finally, through the use of ADR, businesses can promote a culture of fairness and respect, allowing both parties to negotiate and come to an agreement without the need for court proceedings.

In India, ADR is practised from a different angle as follows:

1. The 1996 Arbitration and Conciliation Act states that it provides a framework for employing arbitration and conciliation to settle disputes. It regulates the conduct of arbitration hearings and the enforcement of any awards made during them.

2. The 2013 Companies Act: This Act describes the steps for establishing, operating, and policing firms in India. It contains instructions on how to use arbitration to resolve conflicts between firms and investors.

3. The 1986 Consumer Preservation Act: This Act guarantees the protection of consumer rights. It includes options for alternative dispute resolution processes to be used in the event of a dispute between a customer and a manufacturer, retailer, or service provider.

4. Information Technology Act of 2000 This Act establishes the legal basis for e-commerce and e-governance in India. It includes guidelines on how to use alternative dispute resolution processes to handle issues with electronic contracts.

5. The Limitation Act of 1963 established the time restriction for bringing civil lawsuits in Indian courts. If the parties agree to resolve their differences via alternative dispute resolution procedures, it contains provisions that allow the statute of limitations to be extended. [6]

ADR-related actions

 It is normal to come into family issues in India because the country has many different cultures and legal systems. The Indian government has thus taken attempts to implement Alternative Dispute Resolution (ADR) methods to offer a peaceful resolution to such problems. This covers the use of Lok Adalats, family courts, and conciliation committees. Legal changes have also been implemented, such as the Arbitration and Conciliation Act of 1996, which enables parties to contact an arbitrator who is legally recognised in order to resolve their disagreement out of court. Additionally, financial incentives are in place to lessen the costs associated with ADR, and technology is being utilised to simplify the process of getting parties to engage a mediator. All of these initiatives are meant to make it simpler for families to settle disagreements amicably rather than via protracted legal actions.

 The conventional wisdom in India has long held that family issues should be settled through mediation and other kinds of Alternative Dispute Resolution (ADR). However, there has been a movement in recent years toward contemporary ADR and a rising appreciation of its capability to settle even the most complicated family disputes. The Civil Procedure Code (CPC), which permits the use of mediation, conciliation, and arbitration as means to address family conflicts, was introduced by the Government of India as part of its attempts to encourage the use of ADR.  A National Legal Service Authority (NALSA) has also been established by the Central Government to aid in the application of ADR in family conflicts. Several actions have been done at the state level to encourage ADR in family conflicts. For instance, the state of Bihar has established a Family Court System, which enables the settlement of conflicts using ADR such as mediation. Similar to this, the state of Gujarat has established a Family Court Cell that offers ADR services including mediation to help settle family conflicts. In order to provide mediation and other types of ADR to help resolve family issues, the state government of Uttar Pradesh established Family Dispute Resolution Centers.  Additionally, the Indian Supreme Court has taken action to encourage the use of ADR in family conflicts. The Family Laws (Amendment) Act, which was published in 2013 by the Supreme Court, permits the mediation and other types of ADR for the settlement of family conflicts. In order to ease the use of ADR in family conflicts, this legislation also calls for the creation of Family Courts. The Supreme Court has also handed down a number of rulings that support the use of ADR in family conflicts. Overall, the Supreme Court and the Indian government have made a number of significant moves to encourage the use of ADR in family conflicts. The Civil Procedure Code, state-level efforts, and the Family Laws (Amendment) Act are a few of the actions that have been taken. These programmes and legislation have been significant in encouraging the use of ADR in family conflicts and assisting families in reaching more rapid and economical resolutions.

ADR FOR FAMILY DISPUTES: LAWS AND

PROCEDURES IN THE INDIAN LEGAL SYSTEM

Quick settlement, a multidisciplinary approach to family problems, uncomplicated and informal standards of procedure, and gender fairness are all viewed as the foundations of alternative dispute resolution when it comes to family disputes. Counselors must, if possible, advocate peaceful resolution and reconciliation in addition to offering therapy. In family courts, counselling and conciliation are two crucial elements.  Because marital law promotes and fosters reconciliation in matrimonial conflicts, courts in India are compelled to enforce it when there is a marriage dispute. [7] A few clauses that support and represent the concept of counseling and conciliation include:

The Family Court Act, 1984

The legislation asks for the establishment of family courts to encourage mediation and ensure the speedy resolution of disputes relating to marriage and family matters, as well as subjects thereto, using a different strategy from traditional civil proceedings. According to Section 9 of the Family Courts Act, the family court has a duty to help and convince the parties to settle their differences. Section 9 (1) of the Act states that "in every action or procedure, a family court shall seek to assist and persuade the parties to settle with regard to the subject matter in the first instance, to the degree consistent with the nature and circumstances of the case." If it seems that the parties have a genuine chance of coming to an agreement, the family court is required by Section 9(2) of the act to postpone proceedings for as long as it believes is necessary to take appropriate measures. [8] To facilitate a settlement, it may also delay the proceedings for as long as it deems necessary.

Section 23 (2) of the Hindu Marriage Act, 1955

Provisions established on similar lines can be found in this act, which states that before granting any relief, in accordance with the type and occurrence of the case, the court should necessarily make an effort to reconcile and integrate the parties, seek to settle the dispute affably, and encourage and preserve the solemn unification of the concerned individuals to the marriage. The court-annexed ADR procedure in the case of Jagraj Singh v. Birpal Kaur3 is mandated by section 23(2) of the Hindu Marriage Act. [9]

Section 13 B of the Hindu Marriage act, 1955

The mentioned clause was legislated in 1976 to allow for divorce by mutual consent, to provide the divorce with a finalization window of 18 months, and to allow for the option of judicial separation for a year in addition to divorce under Section 13B. (1).  A further six-month cooling-off period is then allowed under Section 13B (2) before issuing an order to create/bring harmony or a reunion. If the parties come to an agreement within the allowed year or if both have made the decision to pursue reconciliation, the council will issue a divorce cancellation notification. The second motion may only be brought if the parties are unable to come to an agreement. It is also known as the final hearing in a divorce. Consequently, only after exhausting all options for resolving the problem, cooperating, and living together, as well as after exerting their best efforts, including by abiding by Order XXXIIA Rule 3 CPC. If the court decides that postponing the proceedings will aid and encourage attempts at settlement, it has the authority to do so under clause (2) of rule 3 order XXXII A of the CPC. Rule 3 Order XXXII A's clause (1) emphasises that, if practicable, the Court will utilise its best endeavours to assist parties in reaching a resolution through amicable means. [10]

The court may decide to extend the deadline if it thinks it is reasonable given the circumstances of the case, as it did in the 2017 case of Amandeep Singh v. Harveen Kaur4. The Supreme Court came to the same findings when it heard the Nikhil Kumar vs. Rupali Kumar (2016)5 case. The Special Marriage Act of 1954's Section 34(2) makes a similar effort to promote party reconciliation. According to Section 2(3) provided in the Special Marriage Act, 1954, the court may also adjourn the proceedings for any reasonable amount of time and for attempts to reach an agreement if there is a genuine chance of doing so. By using this clause, the court can aid in reconciliation.

According to the Family Courts Act, family disputes include:

The Family Court Act of 1984, a federal act, governs family law matters. This law is essential because it enables individuals and families to swiftly, equitably, and peacefully resolve their disputes through the judicial system. According to the Family Court Act, family disputes may encompass issues such as child custody, visitation rights, child support, alimony, and property division. It also contains clauses that allow for court-mandated therapy and mediation, which may help the parties resolve their differences without going to trial. The Family Court Act also provides special safeguards for the vulnerable, including minors, the elderly, and those with impairments. In protecting and furthering the interests of children and families, the Family Court Act is helpful. For example, it ensures that decisions about custody and visitation are based on what is best for the child. Additionally, it has provisions for court-ordered counselling and mediation, which can help the parties reach an agreement without going to trial on issues like custody and visitation. The Family Court Act also provides special safeguards for persons who are vulnerable, including kids, the elderly, and those who are disabled. Affidavit, notice of motion, and statement of claim submission are among the procedures laid out in the Family Court Act for beginning a family court case. [11] The appointment of a guardian ad litem, who works to represent the interests of the child in the case, is also permitted. The Family Court Act also outlines the trial procedures and the processes for document service and discovery. The Family Court Act also specifies the procedures for executing court orders. For instance, it permits the execution of orders for the sale or transfer of property and child support as well as the enforcement of orders for the payment of alimony or spousal support. The Family Court Act also makes it possible to enforce judgments requiring the payment of costs and attorneys' fees.  A significant component of law that assists in assisting people and families in resolving conflicts pleasantly, swiftly, and equitably is the Family Court Act. The Family Court Act provides additional protections for those who are most in need, such as children, the elderly, and the disabled, in order to ensure that the best interests of children and families are maintained. By defining the procedures for filing a family court case, the guidelines for enforcing court orders, and the rules for holding a trial, the Family Court Act also helps to ensure that justice is served in family disputes. a lawsuit filed by two married people for one of the following reasons: nullity of the union, restoration of the couple's sexual rights, legal separation, or [12]

Legal Family Arbitration

Both parties must voluntarily agree to the arbitration process in order for it to be used to resolve their legal disputes outside of court. They will have their disagreement heard by a neutral third party arbitrator, who will then provide a decision that is legally binding. The arbiter, as well as the arbitration's rules and procedures, are chosen by the parties jointly. They may even be given the option to choose a family law expert from a list of well-known professionals in specific circumstances. The parties may decide to proceed with mediation in addition to arbitration, with an unbiased third party mediator supporting them in finding a solution. Once completed, this agreement has legal validity and is binding on both parties. Once the arbitration agreement is signed and its terms are agreed upon, the process begins. The arbitrator shares and takes into account all pertinent documents and legal arguments before rendering a written decision. This decision is binding and enforceable, and the parties may seek the court to have the judgement enforced if necessary.  [13] The arbitration procedure may result in a less confrontational and more amicable approach to conflict resolution. It is intended to be a faster and more affordable alternative to going to court. For those who want to settle their family law issue without the costs and wait periods of a court trial, family law arbitration can be a useful alternative to court procedures. It would be more practicable and economical to resolve conflicts if the parties had access to less adversarial and more private dispute settlement procedures. Man and woman consent to have one or more decisions regarding their current or past relationships and/or their parental responsibilities for the same child or children made by one or more unbiased third parties. The impartial third party's decision is final and binding, and the man and woman are required to abide by it. This is basically family law arbitration. Family law arbitration is not limited to matters involving divorce, though. To establish a solution, it is vital to address related concerns including child custody and financial support, environmental preservation, and other ancillary components.    [14]

Indian Family Law Arbitration

An explanation of the Indian family law system's preface

Family law is the complex body of legislation that governs relationships between those who are related via blood, marriage, or adoption in India. These laws regulate the rights and obligations of family members toward one another and their property. Family law in India is composed of both codified and uncodified norms that have developed over time. Among the codified laws are the Special Marriage Act (SMA), Hindu Succession Act (HSA), Succession Act (SA), Guardians and Wards Act (GWA), and Hindu Marriage Act (HMA) (HAMA).  The uncodified laws include things like personal laws, customary laws, and religious laws. Every Indian, regardless of gender, caste, or religion, is bound by the country's family law system.  The responsibility for ensuring that these laws are appropriately implemented in all States and Union territories rests with the federal government. The Supreme Court of India, the country's highest court, has the authority to evaluate and interpret the various family laws. The High Courts of each State and Union territory also have the power to issue writs of certiorari and habeas corpus in order to ensure that these laws are properly applied and enforced. In various areas, including as marriage, adoption, wills, intestate succession, guardianship of children, child adoption, maintenance, etc., the Indian family law system safeguards people's rights. It also provides several remedies and reliefs if any of these laws are breached.  If a person wishes to benefit from the remedies or reliefs made accessible by the family law system, they may apply to the courts for the appropriate orders or directives. Arbitration is a kind of alternative dispute resolution used to resolve family law disputes. As part of a mutually agreeable process, the disputing parties select an unbiased third party (the arbitrator) to provide a decision. The arbitrator frequently has training and experience in family law. The arbiter is picked when the parties have mutually converted, and everyone signs a written agreement. The arbitration process is conducted in private and in confidence.  The arbitrator shall not disclose any information concerning the case other than in accordance with the rules of this Agreement. The arbitrator's decision is final and binds the parties, and the parties will be informed of the outcome of the arbitration after it is over. In India, the Arbitration and Conciliation Act of 1996 lays forth guidelines for choosing arbitrators and conducting arbitrations. The family courts also have the power to compel arbitration in instances involving family law. The family court may require arbitration processes if the parties cannot resolve their dispute via negotiation or mediation. It is also possible for the parties to agree in writing to have the dispute arbitrated. The family court may also refer the case to arbitration if it thinks arbitration would most likely lead to a quicker conclusion than litigation. Family law arbitration is a rapid, discreet, and affordable option for settling family disputes without the need for time-consuming, expensive courtroom litigation. The parties may also select the arbitrator, who is frequently an expert in family law and is expected to evaluate the dispute thoroughly and impartially. It also permits the parties to resolve their disputes without a judge making a decision. This method of dispute resolution is very helpful when it comes to instances involving family law concerns including divorce, adoption, guardianship, maintenance, and others. [15]

To preserve a secular society while allowing religious communities to adhere to their own traditions, the Indian Parliament enacted a number of family laws that are applicable to many different religious organisations. The Hindu Marriage Act of 1955 applies to all Hindus, Jains, Sikhs, and Buddhists, while the Parsi Marriage and Divorce Act of 1936 governs Parsis, the Indian Christian Marriage Act of 1872 applies to Christians in India, and the Muslim Personal Law (Shariat) Application Act of 1937, the Dissolution of Muslim Marriages Act of 1939 and the Muslim Women (Protection of Rights on Divorce) Act, 1986 are applicable to Muslims.  The Family Courts Act of 1984 also mandates the establishment of family courts to promote amicable resolution of disputes with marriage and family problems.

Does Indian law allow for the mediation of family disputes?

For settling family disputes, Indian law offers an alternative to the court system. This is done through arbitration, which is a mutually agreed-upon process that might be voluntary or mandatory. This process may be used to quickly and economically resolve disputes between spouses, siblings, children and their parents, and other family members. Before consenting to the arbitration's rules and processes, it is essential to understand them in order to achieve fairness and a resolution that benefits everyone. [16] Arbitration may be used to settle any disputes between parties involving private responsibilities or rights that civil courts may be aware of, as defined by Section 9 of the Civil Procedure Code of 1908, and that might lead to legal proceedings affecting such rights. Thus, family-related issues can be resolved through arbitration. However, you are allowed to do this as long as you abide by the law. An arbitrator can resolve a few other disputes, such as how to split property, but they are unable to end a marriage or give a divorce.

At this point, it's critical to highlight two significant clauses of the Code of Civil Procedure:

• Section 89 of the Code of Civil Procedure Settlement of disputes outside the Court
• Order XXXVIII 6 mentioned in Code of Civil Procedure Suits regarding issues concerning the Family.

Section 89 of CPC (Civil Procedure Code)

All courts were instructed to refer to conflicts for resolution as arbitration, concession, agreement, or judicial agreement after the problems have been recognised in accordance with the 129th Report of the Law Commission of India. It was believed that action should only be done in the incredibly unlikely scenario if these alternative dispute resolution techniques fail. As a result, Section 89 was created to provide parties the opportunity to come to a cooperative, out-of-court arrangement. 

Order XXXVIII 6 of the Code of Civil Procedure

Remember that all actions conducted under the Special Marriage Act accompanied with Hindu Marriage Act must adhere to CPC rules. The 1976 Code of Civil Procedure may be altered where family safety is an issue. This change is applicable to all required marriage agreement processes. At this point, it's also crucial to keep in mind Section 9 in Family Courts Act, which avers: When it is possible given the facts and circumstances of the case, a Family Court bid must be made in the beginning of every lawsuit or proceeding to assist and persuade the parties in coming to an agreement regarding the matter at hand. To accomplish this, a Family Court may, subject to any rules established by the Family Courts, make a bid.

Case Laws

Baljinder Kaur v. Hardeep Singh

The court received a divorce petition from the parties. According to the court, reconciliation between the parties is required throughout divorce proceedings and must be pursued before a divorce may be granted. The court subsequently approved the divorce petition, declaring that protecting the institution of marriage and its integrity need to come first. Instead of only concentrating on the norms of procedure, the goal should be to facilitate communication between the parties.[17]

Love Kumar v. Sunita Puri

Due to one of the parties' failure to appear in court for the duration of the attempts at reconciliation, the court in this case issues a divorce. The ruling was reversed when the matter was heard by the High Court, which concluded that the primary objective of the courts throughout the dissolution process must be to find a mutually agreeable arrangement between the parties. [18] In this instance, the lower court immediately approved the divorce decree.

Mohinder Pal Kaur v/s. Gurmeet Singh

In this case, the petition has been pending for six months even though the parties filed for divorce less than six months after being married. There have been failed attempts to utilise reconciliation to mediate a settlement between the parties. The law states that a divorce judgement cannot be granted until at least six months have passed since the case was filed. [19] However, in this instance, it was determined that a divorce decree might be given if the petition had been pending for more than six months and the parties had made futile attempts to resolve their differences.

Conclusion

The institution of marriage should not be seen as a conflict where one party seeks to defeat the other, but rather as a sacred institution where parties must be brought to a peaceful resolution whenever conflict arises. To avoid upsetting the family or societal structures, reconciliation should be tried. The expansion of mediation in family law in India offers great promise and will undoubtedly improve the ability of the system to administer justice. Making mediation and conciliation for family disputes necessary would help to some extent sustain the institution of marriage and shift the court's viewpoint to favor the agreement.

The family courts, which attempt to resolve all family conflicts through mediation and collective bargaining, need to be given more authority. Additionally, more family courts need to be formed so that family courts can handle all comparable matters and relieve the pressure on higher courts. Allowing alternative conflict resolution methods to resolve family disputes is therefore the norm of Indian law, albeit it is not required. Every available assistance should be given to this practice.

The public as a whole benefit from reaching out-of-court settlements as well as the parties. The courts are slightly less taxed, and the parties benefit from decreased expenses and wasted time. This enables quick rectification of other claims.

[1] Alternative dispute resolution (no date) Legal Information Institute. Legal Information Institute. Available at: https://www.law.cornell.edu/wex/alternative_dispute_resolution (Accessed: January 29, 2023).

[2] Resolving disputes - think about your options (2022) Government of Canada, Department of Justice, Electronic Communications. Available at: https://justice.gc.ca/eng/rp-pr/csj-sjc/dprs-sprd/dr-rd/index.html (Accessed: January 29, 2023).

[3] Prime Legal (2022) Alternative dispute resolution: Mechanism in India, Prime Legal. Available at: https://primelegal.in/2022/10/23/alternative-dispute-resolution-mechanism-in-india/ (Accessed: January 29, 2023).

[4] Edeh Samuel Chukwuemeka ACMCEdeh Samuel Chukwuemeka ACMC (2021) Advantages and disadvantages of alternative dispute resolution (ADR), Bscholarly. Available at: https://bscholarly.com/advantages-and-disadvantages-of-alternative-dispute-resolution-adr/ (Accessed: January 29, 2023).

[5] lexlifeeditor, A. (2021) Alternative dispute resolution: Its need and importance, Lexlife India. Available at: https://lexlife68840978.wordpress.com/2021/02/18/alternative-dispute-resolution-its-need-and-importance/ (Accessed: January 29, 2023).

[6]  (2021) Models of Alternative Dispute resolution, iPleaders. Available at: https://blog.ipleaders.in/models-of-alternative-dispute-resolution/ (Accessed: January 29, 2023).

[7] Rovine, A.W. (2012) Contemporary issues in international arbitration and Mediation: The fordham papers 2011. Leiden: Brill.

[8] ResponsiveWebInc (no date) Bare acts live, Family Courts Act, 1984. Available at: http://bareactslive.com/ACA/ACT030.HTM (Accessed: January 29, 2023).

[9] A Nair, U. (2021) “Essentials of valid Hindu marriage under Hindu Marriage Act 1955,” SSRN Electronic Journal [Preprint]. Available at: https://doi.org/10.2139/ssrn.3825419.

[10] T, K. (2022) Divorce by mutual consent, Vakilsearch. Available at: https://vakilsearch.com/blog/divorce-by-mutual-consent/ (Accessed: January 29, 2023).

[11] What is meant by Family Court? all you should know (2021) Getlegal India. Available at: https://getlegalindia.com/family-court/ (Accessed: January 29, 2023).

[12] The Family Courts Act, 1984: Legislative Department: Ministry of law and justice: Goi (no date) Legislative Department | Ministry of Law and Justice | GoI. Available at: https://legislative.gov.in/actsofparliamentfromtheyear/family-courts-act-1984 (Accessed: January 29, 2023).

[13] Family arbitration: What it is and how to use it (2020) Law Society Journal. Available at: https://lsj.com.au/articles/family-arbitration-what-it-is-and-how-to-use-it/ (Accessed: January 29, 2023).

[14] Jain, S. (2015) “Domestic Arbitration in India: Legal framework under arbitration and conciliation act,” SSRN Electronic Journal [Preprint]. Available at: https://doi.org/10.2139/ssrn.2780100.

[15] Khurana, S.L. and Kawatra, G.K. (1995) “Indian Arbitration Law – existing and proposed,” Journal of International Arbitration, 12(Issue 3), pp. 5–38. Available at: https://doi.org/10.54648/joia1995017.

[16] Tojieva, M.A. (2021) “Family mediation: A new form of resolving family disputes,” The American Journal of Political Science Law and Criminology, 03(06), pp. 34–40. Available at: https://doi.org/10.37547/tajpslc/volume03issue06-05.

[17] Application of ADR methods in family and matrimonial disputes (no date) Legal Service India - Law, Lawyers and Legal Resources. Available at: https://legalserviceindia.com/legal/article-8068-application-of-adr-methods-in-family-and-matrimonial-disputes.html (Accessed: January 30, 2023).

[18] Ibid,18.

[19] Ibid,18.1.