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Year : 2023, Volume : 10, Issue : 1
First page : ( 71) Last page : ( 80)
Print ISSN : 2349-6045. Online ISSN : 2583-3561. Published online : 2023  05.
Article DOI : 10.5958/2583-3561.2023.00008.5

Legal Dimensions on ADR Mechanisms and using of Technology for Solving Marital Dispute: Special Reference to COVID-19

Sahoo Deepali Rani*

Assistant Professor, Symbiosis Law School, Noida Symbiosis International (Deemed) University, Pune, India

*Email id: deepali@symlaw.edu.in

Online Published on 05 June, 2023.

Received:  02  ,  2023; Accepted:  25  ,  2023.

Abstract

Introduction

With roots in the Neolithic era, the Indian legal system is among the oldest in the entire globe. It’s a system that’s always changing, adjusting, and settling in to meet societal demands. The court, which is one of the foundations of Indian democracy, has consistently taken the side of the wronged parties to uphold their rights and combat injustices, inequity, brutality, and exploitation. However, the system has recently been plagued by a number of issues. As Justice Ramana recently noted, one of the main obstacles to upholding the rule of law and defending human rights is the formal legal system’s incapacity to provide everyone with prompt and cheap justice.

Objective

The main objective of the study is to find out the relationship between ADR mechanisms and marital relations with family disputes. Secondly the impact of ADR mechanism by using technology for proper settlement of the dispute. Thirdly, the legal dimensions of using technology are linked with the ADR mechanism laid down by the court of law.

Methodology

The study is of mixed qualitative and quantitative way to find out the solution and findings of the study. For qualitative methods the study deals with laws and provisions from the books and bare acts and other sources. For quantitative methods the study depends on the case studies laid down by the court of law directly via the use of technology for application of ADR mechanism and settlement of disputes.

Findings and Outcomes

Choosing to litigate an issue comes with its own set of difficulties, including expensive and lengthy case resolution processes, formal and restrictive procedural requirements, Courts base the resolution of legal issues on a single legal proceeding, the court determines rights and creates new legal ties between the parties to the disputes. The court’s ruling will take effect and be legally binding once rights have been granted and a new connection between the parties has been established. Legal justice will be provided by court judgements; however, the parties may not always receive it fairly. When it comes to alternative dispute resolution, speedy resolution, a multidisciplinary approach to family matters, informal and uncomplicated rules of procedure, and gender justice are seen as the pillars.

Conclusion

Counselors are expected to not only provide counselling but also to support peaceable resolution and reconciliation wherever possible. Counseling and conciliation are two essential components of family courts. Courts in India are required to enforce reconciliation techniques in marriage disputes because matrimonial legislation supports and promotes reconciliation in matrimonial conflicts. In the Sangeetha v. Suresh Kumar case, the Supreme Court made note of the importance of reconciliation in matrimonial disputes and gave the parties the go-ahead to try and resolve the conflict, put their differences behind them, and begin anew with their matrimonial life while keeping in mind the welfare and interest of their children.

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Keywords

Matrimonial dispute, Conciliation, Legislation, Formal legal system.

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