Alternative Dispute Resolution And Family Dispute Resolution

Nothing is static, every little thing is dynamic. Due to evolution of your energy every little thing changes viz., process, tradition, way of life etc. The concept of dispute was very old whilst still being fashionable. Alternate Dispute Resolution method is not just a new phenomenon for the people of this country; it is often prevalent in India since time immemorial. Ancient system of dispute resolution designed a significant contribution, in reaching resolution of disputes in relation to family, social groups and also minor disputes concerning trade and property. Village Level Institutions literally leading role, where disputes were resolved by elders in their particular caste or kula and panchayat system, that has been a not so formal way of mediation. In earlier days disputes hardly reached courts. Decisions written by the elderly council were respected by all. But subsequently boon accompanied bane, the very system lost its aura. The delay in justice dispensation, especially in commercial disputes (a cool way to improve) and family disputes, causes great hardship and financial loss for the parties. In order to reduce delays in resolution of disputes, the Governments as well as the Judiciary are encouraging settlements or counseling techniques or conciliation that happen to be a part of ADR. In this current day, Life is really a circus inside the fast-moving 21st century. Juggling job responsibilities, work and home responsibilities, wage and age - means that a juggling act. Successful career aspirants don't become obsessive about dropping the ball, since they know they're going to bounce back. Stay balanced around the high wire, and be afraid to visit somewhat off-balance.
Prevalence of gender biased laws and oppressive social practices over centuries have denied justice and basic human rights to Indian women. The need to ascertain the Family Courts was emphasized through the late Smt. Durgabi Deshmukh. After a tour of China in 1953, where she had occasion to analyze the functional of family courts, Smt. Deshmukh discussed the subject with Justice Chagla and Justice Gajendragadkar and after that designed a proposal to set up Family Courts in India to Prime Minister Pt. Jawahar Lal Nehru. Even after reformative legislation was enacted, implementation of reformed laws left much to get desired. Though the women of India demanded establishment of Family Courts in 1975, the Government of India took 10 years to pass through the required legislation. The Law Commission in its 59th report (1974) has additionally stressed that when controling disputes in regards to the family, the Court need to adopt a method radically not the same as that adopted in ordinary civil proceedings and that it will made reasonable efforts at settlement ahead of the commencement from the trail. The Code of Civil Procedure was amended in 1976 to provide for an exclusive procedure being adopted in suits or proceedings concerning matters with regards to the family. However, not very much use has been given through the Courts in adopting this conciliatory procedure and the courts still deal with family disputes within the same manner as other civil matters along with the same adversary approach prevails. The need was therefore, felt, inside the public interest, to determine family courts for speedy settlement of disputes.
Section 9 from the Family Courts Act, 1984 obliges children court to influence the parties to get to an arrangement by conciliation.
Family dispute Resolution got more adjustability, why because APFC (HC) Rules encourage the Family Courts to held sittings outside normal working hours and holidays when the Judge considers it necessary.
The Chief Justice of Bombay High Court has introduced a forward thinking mechanism. Those Judges that are thinking about spending 2 hours after office hours in mediation, with training around the areas of mediation, will take up matters of family disputes.
Section 23 of Hindu Marriage Act, 1955 recognised the requirement for ADR. Family Courts Act, 1984 also insisted on conciliatory approach to settle family problems. The process of conciliation received statutory recognition in CPC O.XXXII A, S.13 of HM Act. Though the women of India demanded establishment of Family Courts in 1975, the Government of India took a decade to pass the necessary legislation. It can be a couple of regret that, however the Family Courts Act was passed in 1984, in 1996 in
AP, these folks were established.
Genesis of Family Disputes:-
1. Ego often called self-respect
2. Balance their career and family, often leads to stress and strain i.e Family V Career.
Recently, there was a conversation between two women at the popular restaurant, one woman advising other friend woman, soon to get married instead of to get pregnant, focus on career through pills. When the contraceptive pill was first introduced, it turned out a triumph for working women, symbolic of liberation. Women then were keen to get on it; today we understand the inside effects include "blood clots, diabetes, depression or anxious emotional states" and lots of women are keen to have off it.
The Hyderabad city has recently earned a couple of sobriquets like being IT Development and the country's suicide capital. And now, town is heading towards earning the notoriety to be the country's divorce capital after Bangalore. The rising quantity of divorce cases in Hyderabad has needed the state government to decide on creating additional family court in CCC, Hyderabad..
Most applicants were found being within their late 20s and early 30s, and also the figures are just rising inside burgeoning corporate world here. While the quantity of applicants in the IT industry happens to be high. Experts said women in the lower and middle classes a reliable and stable income, reducing their financial need for their husbands. Financial stability had helped these women create a strong component of individual choice, giving them a chance to formalise their marital dissatisfaction through divorce, experts said. Sources from the family courts informed that nearly 80% from the divorce cases were filed beneath the Hindu Marriage Act 1955.
While 70% in the total number of cases were filed by IT professionals, BPO employees and also other private companies, the remainder 30% were filed by members from the other strata in the society, they added. Family problems are the consequence of amount of different reasons; ex. not being open with one another, not spending plenty of time together, drug and drinking problems, abuse and neglect... The reasons ranged from family disputes, bad debts, ailments and also other miscellaneous reasons.
In case of marital disputes, professional counselling assumes a vital role. The root cause of differences between a married couple become nearly impossible to find, especially in case of divorce petitions where stereotypical allegations were made, he said. In this scenario, professional counselling becomes vital to unearth the actual cause from the dispute and also to produce an amicable solution.
The false reasons presented for divorce exacerbated the situation, as both the parties felt wronged, which made reconciliation that much more difficult. The need for professional counselling and declared that there are many times when people reported to her how the counselling was improper. The need from the hour was pre-marital counselling, in order that people entering marriage might be aware of the commitments involved inside the relationship.
There were three stages of counselling people who have marital disputes.
The first was the first state where the problem hadn't yet deteriorated to the extent of approaching regulations, the second was with the police station where many with marital disputes turn up as well as the third was during divorce proceedings. So there needs to be a stress for the need for counselling during initial phases itself.
Counselling can be a process whereby one individual helps another by the purposeful conversation within an understanding atmosphere enabling him/her to cope more efficiently with life problems. It may be normally the one from the resolution for family disputes to be in amicably. As counselling is a face -to - face communication, the counsellor must have the skill sets to know his/ her clients, develop a friendly relationship and provides complete, correct and clear information, having an easy language.
Family Counselling is one from the resolutive mode for family disputes, helpful for:
1. Problems developing a single or more family members which affect all (i.e.: children's problems, anger, depression a single partner etc.)
2. Family or relationship change like divorce, or children leaving home
3. Cultural and ethnic conflict within relationships
4. Individual Counseling
NEED:
Recenly at Vijayawada in Andhra Pradesh, Family Counselling Centre setup through the Police Commissioner in September last, couples, which can be approaching law enforcement with complaint, are returning home having a smile on their faces.
The counselling centre functions within the aegis with the Women Protection Cell located for the Commissionerate premises. Individual counselling has been given to both couple, who approach law enforcement to lodge a complaint associated with domestic trouble. Based around the seriousness of the issue, police officers make use of the expertise of legal experts and psychologists to fix the challenge. The experts seek the situation details from complainants and give guidelines to resolve the issue in a very peaceful manner.
Rapprochement
The police interference would not be there in disposals in the case or any pressures on the members. The police should produce the congenial atmosphere for the rapprochement of estranged couples explaining them the bitterness of life when they are not able to live together.
Now family courts which are litigant friendly.
Imagine a courtroom detailed with colourful walls, engineered tables and chairs, games, a television and even baby sitters - all for the kids. Two 'family courts' inaugurated in Delhi to exercise family disputes in congenial and supportive surroundings rather than overcrowded and repelling environs of regular courts. The aim of having such courts would be to give friendly atmosphere on the kids who include feuding couples, he was quoted saying.
One such family court is already functioning in Dwarka court complex. "After witnessing a massive response for Dwarka court, likely to extend it to everyone other district courts as well".
Suggestions:
1.To help ease the stress on these family courts, the us government has got to give them necessary infrastructure and manpower.
2. To create awareness about the prevailing laws linked to females and children.
3. To provide referral services like, free legal aid short vocational training and medical therapy.
Conclusion:
Think to get a minute: - " Holding on to anger and ego is like grasping a hot coal with the intent of throwing it at another person; were the main one who gets burned. "
THE END