Family Dispute

Family dispute refers to active unfriendliness between family members. These disputes may involve different combinations of family members: there can be conflict within the couple or between parents and children or between siblings. 

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Family disputes can be resolved through the family courts Act 1984, Civil Procedure Code, Hindu Marriage Act 1955, and the Legal Services Authorities Act, 1987, that recognizes a special status to Lok Adalats that have been very active in mediating family disputes.

Causes

  1. Finances and Jobs: The lack of money to pay utility bills, grocery bills, and rent can cause family conflicts. Moreover, staying away from home intervals for job-related work can also result in a dispute.
  2. Sibling Rivalry: Sibling Rivalry refers to the competition between children for the attention and love of their parents. It is also a major cause of family conflicts.
  3. In-Laws and Extended Family: In-Laws and Extended Family may result in family conflict by indirect interference in the family matters.

Existing Family Law Legislations prevalent in India.

The main marriage law legislation in India for Hindus is known as The Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, is to provide a special form of marriage in a few cases. Similarly, in other personal law matters, Hindus govern by the Hindu Succession Act, 1956, The Hindu Minority and Guardianship Act, 1956 is an act related to minority and guardianship among Hindus, and the Hindu Adoptions and Maintenance Act, 1956 discusses the law relating to adoptions and maintenance among Hindus. 

In respect of issues relating to guardianship, the Guardian and Wards Act, 1890, applies to non-Hindus. But, Section 125 of the Code of Criminal Procedure 1973 provides that irrespective of religion, any person belonging to any religion can request maintenance. 

The Family Courts Act 1984 established Family Courts in states to ensure conciliation and speedy settlement of disputes concerning the family. It has jurisdiction in both civil and criminal matters.

How to apply

Conciliation and Mediation: An Effective Family Dispute Resolution

Litigation does not always lead to an appropriate result; It is expensive in terms of time and money. Alternative dispute resolution systems are not only efficient in terms of cost and time; they preserve the relationship between the parties by encouraging communication and collaboration. Mediators facilitate communication and cooperation between the parties, they help them identify problems, clarify priorities, explore areas of compromise, and find points of agreement, and family conflict resolution also requires therapeutic counseling. Mediators must be competent, well-trained, and informed.

Family Disputes are common in the current phase. As held in a landmark judgment, the right to a speedy trial is a part of the right to life & personal liberty. More reconciliatory methods have been adopted for speedy settlement and ADR is always a better option when it comes to resolving a dispute amicably.

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