Mediation - A Path To Peaceful Solutions In Matrimonial Conflicts
Author: LawSphereX
Category: Family & Personal Law
Published:
Updated:
MEDIATION: A PATH TO PEACEFUL SOLUTIONS IN
MATRIMONIAL CONFLICTS
Rupal Agrawal. Assistant Professor, Shri Rawatpura Sarkar University, Raipur (C.G.), LL.M. (Alternative Dispute Resolution), ICFAI Law School, Hyderabad, UGC-NET, B.A. LL.B. (Hons), Hidayatullah National Law University, Raipur (C.G.).
ABSTRACT
Man is a social animal and family is a primary institution recognised in all communities. Staying together in the matrimonial shelter, the disputes between husband and wife are natural but sometimes it can exaggerate to the extent, that the parties need a judicial intervention. Such disputes not only affect their mental health but also the growth and development of the children in the family. The couple's remedies are either divorce or judicial separation through a Court order. The beauty of the justice system lies in the fact that such remedies are not granted immediately by the Courts. The Court makes all the effort to maintain the unbreakable bond of marriage.
This is the reason Section 89 of the Civil Procedure Code, 1908, Sections 23 (2) and 23(3) of the Hindu Marriage Act, 1955 and Sections 34 (3) and 34 (4) of the Special Marriage Act, 1954 requires Court’s mandate to try mediation as per the nature of the case. The paper explains the role of mediation and the mediator in enabling disputing parties to arrive at a settlement with each other's consent. The researcher has relied on doctrinal research by using legislations and the Civil Procedure Code as a primary source and the journals and articles as secondary sources. Keywords: Mediation, Matrimonial Disputes, Settlement Agreement, Mediator, India.
1. INTRODUCTION:
Marriage, one of the most important partnerships in a marriage, is the foundation of a civilization since a family establishes the framework for a community. The idea of marriage originated as a ceremony in prehistoric times. As a ritual, marriage inevitably connoted an unbreakable, eternal, and sacred bond. Marriage is a required samskara for Hindus, and all Hindus must get married. It was thought to be extremely important, particularly for offspring procreation. Thus, a marriage collapse has serious effects on the family, necessitating further relational adjustments and ultimately upsetting the peace and harmony of the family. Therefore, rather than pursuing a protracted legal struggle, our personal laws and the Courts urge the disputing parties to reconcile and settle down through an amicable agreement.
2. MATRIMONIAL DISPUTES AND REMEDIES AVAILABLE:
Cultural, personality, viewpoint, and situational distinctions are only a few of the disparities that exist in life. Unresolved conflicts and differences turn into a dispute. Matrimonial disputes are disagreements that occur between a couple within the institution of marriage. Growing instability, shifting responsibilities for spouses, and the stresses of fast-paced lifestyle are some new issues brought about by the rapidly evolving social and familial environment. Married couples are not in harmony as a result of all of these. Dissolution, separation, and other types of conflict are frequent attacks on the family. Several Indian laws provide for the resolution of marriage conflicts. The Hindu Marriage Act, 1955 provides contested couples with judicial separation and divorce.
A maintenance petition may be submitted in accordance with Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Personal laws like the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, and the Hindu Adoption and Maintenance Act, 1956 regulate guardianship, custody, and adoption.
3. LEGAL FRAMEWORK FOR FAMILY DISPUTE RESOLUTION:
Family dispute resolution has been backed up by various legislations. The Court has
adopted alternative dispute resolution based on the following legislations:1
3.1 Civil Procedure Code, 1908 (CPC) – CPC was rewritten in 2002 to include mediation
as an ADR machinery. As per Section 89 of CPC, if the Court believes that the matter may be settled harmoniously through alternative mechanisms, it can denote the case to arbitration, conciliation, or judicial settlement through Lok Adalats or mediation. This is named as Court-annexed mediation. Order XXIII Rule 3 of CPC is about compromise of suits where such cooperation is arrived into writing and signed by the parties, the Court will intend to record the same and pass a decree. Order XXXII-A, Rule 3 of the CPC states that in every proceeding connecting to matters regarding the family (matrimonial, custody, succession, etc. ), the Court tries its best in helping the parties to reach to an agreement. The Court-referred mediation may not always be successful. If such is the case, the lawsuit will go forward.
However, if the mediation works, then a report is provided to the mediator by the Court, post which the case is considered to be disposed.
3.2 The Hindu Marriage Act, 1955 – The Hindu Marriage Act recommends mediation as
the required method of resolving marital disputes. Section 23(2) and 23(3) of the Hindu Marriage Act, 1955 make it compulsory for the Court in the first instance to attempt mediation in every single case where it is probable, as per the nature of the case.
3.3 Special Marriage Act, 1954 – Section 34(3) and 34(4) of the Special Marriage Act
states that the Court shall make every effort to bring about a settlement between the disputing parties and may refer the dispute to a person designated by the parties or by the Court to result settlement or reconciliation in divorce case.
3.4 Family Courts Act, 1984 – Section 9 of the Family Courts Act, makes the subject
obligatory for the Court to attempt and arrive at a settlement between the parties. If the family Court discovers any possibility of a settlement among the parties, it may adjourn
1 N. Bhagya Lakshmi, ‘Mediation: Marital Conflict Resolution Therapy’, BHARATI LAW REVIEW, December
2016, p.84, www.manupatra.com.
the proceedings for time being to make an effort for the settlement between disputing parties.
3.5 Protection of Women from Domestic Violence Act, 2005 - Section 14 of the Act
delivers that the Court can mention the matter to reconciliation at any phase of the dispute. The magistrate who is adjudicating the dispute may, at any step of the proceedings straight any or all parties to undertake counselling. The Act pursues to shield the rights of women who are sufferers of ferocity of any kind taking place in the family.
3.6 The Mediation Act, 2023 – Section 6(1) of the Act encourages the Court, if deem
appropriate, to refer the dispute of compoundable offences including matrimonial offences, to mediation.
4. MODEL CIVIL PROCEDURE ADR AND MEDIATION RULES, 2003:
The Committee headed by Hon’ble former Judge Mr. Jagannadha Rao, selected by the Supreme Court in the case of Salem Advocate Bar Assn. v. Union of India2 framed Model Rules to gadget Section 89 known as Model Civil Procedure ADR and Mediation Rules,
2003. The Apex Court endorsed these Model Rules to the High Courts for production of
rules under Section 125 of the CPC to legalize the functioning of Section 89. The Supreme Court elucidated that it is for the High Courts to formulate their own rules. The Model Rules are guiding principle and do not have the force of law. Part I of the Rules refer to diverse ADR processes and Part II pacts explicitly with mediation. Part II of the Model Rules offer for the technique under Section 89(d), where the Court states the substance to Court-annexed mediation.
It deals with the selection, empanelment, prerequisite and disentitlement of mediators, venue and procedure for conducting mediation, obligations and characters of mediators, authorizes that mediators are not destined by the Evidence Act or the Civil Procedure Code, confidentiality and inadmissibility of data, certifies confidentiality of mediation meetings, protection to the mediator from civil or criminal action and defends him from being subpoenaed by a Court to attest regarding mediation minutes, confines communication between the mediator and
2 (2005) 6 SCC 344.
the Court, deal with settlement agreements and passing decrees on it, fees of the mediator and costs and last but not the least, circles out the integrities to be tracked by mediators.
5. VIDHI CENTRE FOR LEGAL POLICY ON MEDIATION:
The Vidhi Centre for Legal Policy is an autonomous legal policy recommended group whose assignment is to accomplish good governance in India by affecting legislative and governing design. Vidhi legal has conducted survey on the functioning of mediation in mediation centres. The Centre stated that Countries like US mandated judges to undergo training to understand process of mediation. In Australia, the National Alternative Dispute Resolution Advisory Council has placed guidelines to check appropriateness for mediation keeping in mind the dispute, the disputants, the situation, ADR process and benefactors and the meaning of victory or efficiency.3 The observations for mediation in India are summarised as under:
5.1 Sensitizing judiciary towards need and purpose of mediation.
5.2 Specialised training for judges.
5.3 Training of Mediators.
5.4 Forty hours training with one year of co-mediating with empanelled mediator.
5.5 Need to set up an institution for the formal accreditation of mediators to assess the
competence.
5.6 Need for focussed administrative body for mediation.
5.7 State govt to bolster funds for the infrastructure of mediation centres within their
territories. Potential legislation for mediation is needed.
5.8 To bring awareness about mediation and Court-annexed programmes.
5.9 Research course on mediation for law students to be introduced.
3 Vidhi Centre for Legal Policy, Strengthening Mediation In India – A Report on Court-Connected Mediations, December 2016.
6. ROLE OF MEDIATION IN MATRIMONIAL DISPUTES:
The number of cases pending in India's Courts will never decrease due to the country's growing population. Matrimonial issues entail feelings and emotions that might take a long time for the Courts to handle to resolve, and the role of the judiciary has grown. Mediation is one form of alternative dispute resolution, which purposes to settle down the conflict outside of Court more quickly and cost-effectively. After all, justice postponed is justice denied. In India, mediation has existed since the foundation of time and is not a novel idea. Wellknown mediators who have successfully resolved matrimonial conflicts include the village panchayats and the elders.
A competent, skilled, and unbiased individual, known as the mediator, supports the parties in reaching a well-intentioned clearance, that is, a peaceful, harmonic arrangement that is centred on their needs and agreeable to all parties through the independent and discretionary process of mediation. 4 In family and marital issues, mediation is the most efficacious alternative dispute resolution method. This method's emphasis on a consensual and non-coercive process to settle issues between the participants is what makes it so helpful. In addition to saving time, this approach lessens the likelihood that any animosity or strained relationships may eventually surface should the parties decide to pursue legal action. A family skirmish involves more than merely facts and the law; it correspondingly involves
the emotions of the parties involved. Therefore, mediation is an alternate dispute resolution process that seeks to help the disputants come to a mutually beneficial agreement that also meets their needs. The fact that the disputants themselves decide and come to an agreement is the most important aspect of this procedure.
7. ROLE OF MEDIATOR IN MATRIMONIAL DISPUTES:
Each party has the opportunity to continue stating his arguments and listening to the other side's point of view when the mediator brings the parties together in a highly private and confidential environment. The mediator doesn’t force the parties to do anything; instead,
4 Dahiya, Yash ‘Role of Mediation in Solving Matrimonial Dispute’, JOURNAL & SEMINAR COMMITTEE
CALUNIV, August 14, 2020, www.medium.com.
the mediator helps them discuss and decide on the issues at hand, investigate each party's true desires and interests, broaden the range of settlement options, determine the best course of action, and, finally, draft a comprehensive settlement agreement after all parties have agreed to settle the issues at hand. The fundamental abilities and methods of mediation must be possessed by mediators. They need to be aware of their legal rights and responsibilities when handling marriage problems. Additionally, they must understand the psychology, customs, and behavioral patterns of conflicting couples. It is expected of mediators to understand how society and culture can cause variations in relationships. Experts like as doctors, psychologists, psychiatrists, counsellors, and therapists can be consulted by mediators.
Parties should be warned that using derogatory language, making threats, or using physical force could end the mediation. 5 Although the mediator may permit family members to attend with the parties, the first sessions are only for the husband and wife. If necessary, the third party may be called upon or permitted at a later time, provided that the mediation rules are known beforehand. In order to give the parties a support system, the presence of such a third party or relative is permitted. Due to emotional excess, it is possible for the opposing parties to lose control and start intense disputes. Indian law emphasizes the Court's obligation to mediate disputes between couples who come to it seeking a divorce or separation. The mediator shall attempt to collect the disputing parties composed.
This does not imply that a mediator should encourage one spouse to put up with the other's misery. He can help partners remember their happy moments together and give them hope that they might experience such moments again. The mediator will next concentrate on the most effective method of achieving this if all attempts have been exhausted and it is evident that the marriage is at an end and the parties are interested in ending it. The physical, emotional, and psychological needs of the children during the family's dissolution require more attention than the adult husband and wife. 5 Soni, Surabhi and Sharma, Ruchika ‘Mediation in Matrimonial Disputes-Indian Perspective’, IJLSI, vol. 1, Issue 2, June 27, 2019, www. ijlsi. com.
The following consideration should be taken note of and addressed in a divorce agreement:6
7.1 Division of Property – The proper settlement of the property of each spouse, whether
movable or immovable shall be mentioned clearly in the divorce agreement. In some cases, ownership may lie with one person with the right to occupation being given to the other. The property wished to be gifted out of each spouse’s property to be added in the agreement. Debts or dues on the property are to be factored in the divorce agreement.
7.2 Alimony, maintenance – Whether the alimony is interim or permanent shall be noted
in the agreement.
7.3 Custody of children – Usually the sole custody of children to one spouse and the
visiting rights for the other spouse is provided. This is done to establish the primary responsibilities with one parent which can carry the requirement to consult other for major decisions regarding the child. If needed custody may pass from one parent to another after a certain time. Joint custody may also be granted if the parties cannot agree on sole custody, provided that they agree to share principal residence and make significant decisions for the kid.
7.4 Provisions for children – The details of the expenses related to the child like living
expenses, education expenses, medical treatments, recreational expenses, holidays etc. to be mentioned in the agreement and the provider of such expenses whether sole or jointly ought to be stated in the divorce agreement. A mediator can also write down the do’s and don'ts for parents when dealing with children
whose needs are unique and children who are going through a parental divorce. Since children tend to store their emotions and concerns inside of themselves, parents must be on the lookout for any indications of emotional disturbance.
6 Tubbs, Freddies ‘7 Tips for Creating a Divorce Settlement Agreement’, December 11, 2020,
www.divorcemag.com.
8. MEDIATION PROCESS:
When conducting mediation, a mediator follows these procedures:7
8.1 The Opening Round – The opening round sets out the tone and the ground rules of
mediation. The mediator’s opening statement explains all about the essence of mediation. It educates the husband and wife about the process and that it poses no threat to them instead offers the chance to partake in the mediation and end the quarrel with a mutually suitable solution. It stresses that mediation is voluntary, confidential, that decision lies with the parties and that the contract reached is enforceable by the Court. The parties are told that they can call off the mediation at any time. The mediator makes it clear that he is in charge of the mediation procedure but the consequence is in the domain of the parties. He may also point out that during the mediation sessions he may probe the parties to draw out their interests, uncover hidden agenda or contradict an overly optimistic expectation. Couples, are encouraged to ask any clarification if they have.
8.2 Checklist for opening statements – Welcome, introduction of mediators and parties,
affirmation that all necessary parties are present, verification of authority of representatives and confirmation that the agreement to confidentiality has been signed.
8.3 Checklist to explain to parties – Process of mediation, role played by the mediator,
procedure to follow in the mediation, ground rules, importance of confidentiality, role of party’s lawyers and clarifying doubts.
8.4 Joint and separate sessions – In order to summarize the fundamental facts, state the
positions of the parties, and create a framework for the dispute, the process begins with a joint session. Later separate meetings are conducted with parties. It is at the mediation table where the husband and wife actually listen each other and their feelings because the presence of mediator makes the difference. During these sessions husband and wife are given ample opportunity of uninterrupted speaking. The mediator may continue with open ended questions to gather all the facts and the issues which unfolds as the process progresses. The process enables parties to let their fears and concerns gets
7 ‘Why is Mediation Important in Divorce Cases’, March 9, 2016, www.blogipleaders.in.
revealed to mediator. Separate sessions are conducted when the there is an impasse, when parties get stuck and the movement does not take place. Mediator can float in his ideas and options for the parties to consider in separate session and also the legal inadequacies if no agreement is reached.
8.5 Resolving disagreements over facts – Parties in conflict usually dispute every fact but
once solution-oriented issues have been framed, many facts become redundant. Sorting the relevant fact help the parties in understanding their case and prioritize the issues.
8.6 Facilitative and evaluative mediation – Under facilitative mediation the mediator’s role
is to only facilitate and plays the limited role of being the communicator between the parties. He will support the parties in identifying relevant facts and issues to bring clarity in their case. Evaluative mediation has greater role for the mediator. In addition to facilitate, he intervenes and engages in reality testing, bringing their problems and solutions, might express an opinion on the merits of the issues in dispute considering that may support the parties in reaching to a settlement. He engages quiet actively drawing out their fear, challenges and means to handle these.
8.7 Moving the parties away from deep-rooted positions to interests – Husband and Wife
may lock themselves with their stands they take on any issue. They may react adamant to what they have decided in their minds. The mediator tries to move them from their positions to interests. When they focus on their long-term interests, they understand their positions are a petty stand to take and they feel coming out of the predictable models of blame and accusations. Such interests-based decisions help them in coming to a solution and finally to an agreement. Parties are encouraged to come up with their suggestions and possible options on the table. Options are tested in relation to the interests of parties.
8.8 The final steps – Once the parties bring the options, then comes the task of putting the
agreement into writing. The parties and their lawyers can draft the agreement with the
assistance of mediator. It is advisable to keep the language of the agreement simple and clear. The broad outlines of an agreement are developed and then the details are worked on. The agreement must be signed by both parties. The fundamentals of a settlement agreement are, nature of dispute, selection of mediator, dates of sessions, that settlement has arrived in whole or part, details of the specific performances of each party, payment of interests, term and conditions, compliance and consequences of non-compliance, penalty for delay, withdrawal of legal proceedings.
9. JUDICIAL DICTA ON MEDIATION FOR MATRIMONIAL DISPUTES:
In the revolutionary case of Afcons Infrastructure Ltd v. Cherian Varkey Construction Co. Pvt Ltd8, the Supreme Court apprehended that the results of mediation should be offered to the Court. Additionally, when the Court refers a party to mediation, the grounds for doing so must be recorded. It was also mentioned that under Section 89 of the CPC, Courts are empowered to use any technique of ADR. In the case of K Srinivas Rao v. D. A. Deepa9, the Supreme Court directed all Courts to resolve marriage matters in the first occurrence through mediation. The Supreme Court urged family Courts, under Section 9 of the Family Court Act of 1984, to style all reasonable attempts to settle marriage disputes through mediation and to denote parties to mediation centres.
Under Section 6 of the Family Court Act of 1984, counsellors are appointed by the family Court to counsel the parties, and a failed report of counselling does not prevent the family Court from referring the parties to mediation. In the case of Mohd. Mushtaq Ahmad v. State10 the couple's conflicts developed following the birth of a female child, the wife paraded a divorce petition and a FIR in contrast to the husband under Section 498A of the IPC. The Court ordered the parties to mediate under Section 89 of the CPC. When the wife decided to quell the FIR, the case was resolved calmly through mediation. The Court authorized this by declaring that the Court, in
8 (2010) 8 SCC 24.
9 (2013) 5 SCC 226.
10 Criminal petition no. 1930/2015 in the High Court of Karnataka at Bangalore decided on 07.05.2015.
exercising its inherent powers, will quell the criminal proceedings, FIR, or grievance in suitable situations to achieve the goals of justice. In the case of Jagraj v. Bir Pal Kaur11, it was apprehended by the Supreme Court that the intent of the legislature behind ratifying Section 23 of Hindu Marriage Act, 1955 was to reserve the sacredness of marriage. Therefore, every single footstep in the direction of the reconciliation of parties has to be reinforced by the Courts. In the case of B. S Krishna Murthy v. B. S Nagaraj and Ors12, Justice Markanday Katju held that attorneys ought to guide their clients for mediation, particularly where the dispute is of family nature. If not, the litigation can go on for years and decades which would be unfavourable to both the parties. In the case of Seethamma v.
Lakshmegowda13, the Karnataka High Court invalidated a civil judge's order of reference under Section 89 as the reference was issued in spite of one of the partie’s resistance to a mediated settlement. There was no room for a settlement outside of Court, as evidenced by the obvious hesitancy. In the case of A. Sreeramaiah, S/O. J. Anjanappa v. The South Indian Bank Ltd. 14, based on terms recommended by the Court, the parties reached an out-of-Court settlement. The Karnataka High Court resoluted that the settlement was similar to a judicial settlement and that the plaintiff was permitted to a refund of the Court fees under Section 16 of the Court Fees Act, 1870, notwithstanding the fact that, there was no reference under Section 89. In the case of Kamalamma v. Honnali Taluk Agricultural Produce Co-operative Marketing Society Ltd.
15, it was held that the parties are entitled to a complete repayment of the Court fees under Section 16 of the Court Fees Act, even in cases that are resolved without the Court's involvement, that is, without reference under Section 89. In the case of Motiram through L. Rs v. Ashok Kumar16, the Supreme Court came down sharply on a report of the mediator which provided reasons for the mediation's breakdown,
11 Civil Appeal no. 711 of 2007.
12 S.L.P. (Civil) No(s). 2896 of 2010.
13 W.P. No. 42081/2011 in the High Court of Karnataka at Bangalore decided on 20.04.2012.
14 ILR 2006 KAR 4032.
15 2010 (1) AIR Kar 279.
16 (2011) 1 SCC 466.
was harshly criticized by the Apex Court. The Court took the note that mediation procedures are private and that the report should only say that "mediation has been unsuccessful" if there is no agreement reached. Another case of Gajanan v. Raghurai Thamba17, the Bombay High Court held that according to Sections 80 and 81 of the Arbitration and Conciliation Act of 1996, a conciliator cannot be summoned as a witness. In the case of Haresh Dayaram Thakur v. State of Maharashtra18, the conciliator met with each party separately, drafted the settlement agreement in secret, and submitted it to the Court in a closed cover. The parties did not sign the settlement agreement by themselves. According to the Supreme Court, "the settlement takes silhouette only when the parties draft the settlement agreement or request the conciliator to draft it and they provide their signatures on it".
In the case of State of Punjab v. Jalour Singh19, When participating in Lok Adalats, the Supreme Court noted that many active or retired judges have a propensity to force their opinions on the parties, get carried away, and issue rulings based on merits even when the parties did not agree. The Court observed that, the Lok Adalat’s fundamental function is to consult with the parties and encourage them to reach a solution. Making an award is just an managerial process that includes the terms of the settlement.
10. CONCLUSION AND SUGGESTIONS:
Therefore, it is concluded that Mediation mechanism of alternative dispute resolution aims to restore the relationship of the feuding couple. The mediation brings out the clarity in their case and the couples get to know the technicalities of the legal system when explained that mediation can bring advantages in terms of cost, time and more importantly mental peace. The statutes which give way to mediation are proof that our justice delivery system makes all the effort to maintain the sanctity of the marriage and believes in reuniting them. It is important to understand that mediation does not mean forcing parties to compromise intstead helping them to arrive to a solution of their choice. It also does not mean that
17 W.P. No. 15/2007, decided on 07.03.2007 in the High Court of Bombay at Goa.
18 AIR 2000 SC 2281.
19 AIR 2008 SC 1209
mediation restricts them from taking recourse to the Courts. Mediation is a medium to help parties where mediators act as a guide to them. The disputes big or small, brings stress in the relationship of husband and wife. The growing complexities of life also adds to the anxiety. An outcome of the successful mediation is that it restores the strained relation between disputing couples, they gain clarity of their issues that they have over exaggerated the matter, they understand their roles better by the settlement agreement they sign and more importantly they feel satisfied that they could successfully resolve their problems by saving time and money which they would have otherwise allowed in litigation.
If the mediation is not successful the parties still are in better footing in knowing the complexity and the technicalities of their case, which makes them mentally ready for the litigation process. Suggestions:
1. To develop trust in mediation, mediators should inform parties about the process ahead
of time and provide them with the option to withdraw if necessary.
2. Matrimonial issues are sensitive in nature. Parties may not be willing to provide their
facts. As a result, mediators must be extraordinary communicators to gain their faith in the process.
3. Courts must raise awareness about the value of mediation through the media,
emphasizing that their information is protected and will not be used against them.
4. Lawyers involved in the mediation process should not manipulate or divert the parties
away from the mediation in order to launch a lawsuit that would reward them with income.
BIBLIOGRAPHY
Articles:
1. ‘Why is Mediation Important in Divorce Cases’, March 9, 2016.
2. Freddie Tubbs, ‘7 Tips for Creating a Divorce Settlement Agreement’, December 11,
2020.
3. N. Bhagya Lakshmi, ‘Mediation: Marital Conflict Resolution Therapy’, BHARATI LAW
REVIEW, December 2016, p.84.
4. Surabhi Soni and Ruchika Sharma, ‘Mediation in Matrimonial Disputes-Indian
Perspective’, IJLSI, vol.1, Issue 2, June 27, 2019.
5. Yash Dahiya, ‘Role of Mediation in Solving Matrimonial Dispute’, JOURNAL & SEMINAR
COMMITTEE CALUNIV, August 14, 2020. Statutes:
1. Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Civil Procedure Code, 1908.
3. Family Courts Act, 1984.
4. Guardians and Wards Act, 1890.
5. Hindu Adoption and Maintenance Act, 1956.
6. Hindu Minority and Guardianship Act, 1956.
7. Protection of Women from Domestic Violence Act, 2005.
8. Special Marriage Act, 1954.
9. The Hindu Marriage Act, 1955.
10. The Mediation Act, 2023.
Report:
1. Vidhi Centre for Legal Policy, Strengthening Mediation in India – A Report on Court-
Connected Mediations, December 2016. Case Laws:
1. Afcons Infrastructure Ltd v. Cherian Varkey Construction Co. Pvt Ltd [(2010) 8 SCC 24].
2. B.S Krishna Murthy v. B.S Nagaraj and Ors [S.L.P. (Civil) No(s). 2896 of 2010].
3. Gajanan v. Raghurai Thamba [W.P. No. 15/2007, decided on 07.03.2007 in the High
Court of Bombay at Goa.].
4. Haresh Dayaram Thakur v. State of Maharashtra [AIR 2000 SC 2281].
5. Jagraj v. Bir Pal Kaur [Civil Appeal no. 711 of 2007].
6. K Srinivas Rao v. D. A. Deepa [(2013) 5 SCC 226].
7. Kamalamma v. Honnali Taluk Agricultural Produce Co-operative Marketing Society Ltd.
[2010 (1) AIR Kar 279].
8. Mohd. Mushtaq Ahmad v. State [Criminal petition no. 1930/2015 in the High Court of
Karnataka at Bangalore decided on 07.05.2015].
9. Motiram through L.Rs v. Ashok Kumar [(2011) 1 SCC 466].
10. Salem Advocate Bar Assn. v. Union of India [(2005) 6 SCC 344].
11. Seethamma v. Lakshmegowda [W.P. No. 42081/2011 in the High Court of Karnataka at
Bangalore decided on 20.04.2012].
12. Sreeramaiah, S/O. J. Anjanappa v. The South Indian Bank Ltd. [ILR 2006 KAR 4032].
13. State of Punjab v. Jalour Singh [AIR 2008 SC 1209].
Websites:
1. www.blogipleaders.in.
2. www.divorcemag.com.
3. www.ijlsi.com.
4. www.manupatra.com.
5. www.medium.com.
6. www.vidhilegalpolicy.in.