Advocate Gopikrishnan R , Family Law
Family disputes and divorce cases are a prominent area of litigation in the Indian judiciary. Like many other legal fields, family courts are overwhelmed with cases. Family law encompasses a broad range of issues, including divorce, return of assets such as gold and money, maintenance, and more. The nature of family disputes spans both civil and criminal law. Family cases can generally be classified into two types. The first type includes cases solely intended to end the matrimonial relationship.
The second type involves cases that not only aim to end the marriage but also seek to resolve additional issues, such as child custody or the return of assets exchanged at the time of marriage. The first type of family matter is typically easier to handle and is often resolved amicably. In such cases, divorce is a relatively straightforward process, requiring minimal time and effort. Courts generally favor these cases and grant divorce decrees without complications.
The second type, however, is more complex and involves multiple formalities. In most cases, the partners and their families are not on speaking terms. Consequently, before granting a divorce decree, courts must resolve these disputes through formal proceedings, mediation, or counseling. This process is time-consuming, and the parties are typically required to appear in court each time the case is scheduled. Courts are often blamed for lengthy litigation; however, in reality, family disputes require substantial time if they are not settled amicably. The government has attempted to reduce the volume of litigation by introducing mandatory processes, such as mediation and counseling, allowing parties to discuss matters mutually with an experienced mediator. These measures help save invaluable judicial time. Additionally, there is a need for a shift in society’s collective mindset to help reduce the number of ongoing litigations and pending cases.
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