Date of Award

15-4-2024

Document Type

Thesis

School

School of Law

Programme

Ph.D.-Doctoral of Philosophy

First Advisor

Dr.S.Sanjith

Keywords

Matrimonial Dispute, Alternative Dispute Resolution, Mediation, Settlement, Marriage

Abstract

The research works evaluates the effectiveness of Mediation as a means for the settlement of matrimonial disputes in the State of Tamilnadu. The research work travels through the essential features of Mediation and acceptability of Mediation as a tool for settlement of matrimonial disputes in the State of Tamilnadu. The research work elucidates the special features of matrimonial disputes and the social and psychological factors which are interplaying such disputes. The researcher through this work attempt to unfold the underlying problems in the application of Mediation in the settlement of matrimonial disputes with specific reference to the State of Tamilnadu. The researcher in her work found that the Indian legislature and judiciary encourages Mediation for resolving civil disputes in general and matrimonial disputes in particular.

In the research work such judicial pronouncements are being analysed and the positive attitude of Indian Judiciary is brought out. Indian family law has its roots in personal laws which are the offshoot from religious texts and commentaries. Hence, the researcher found meaningful to make an outline of the nature of matrimonial disputes in different personal laws in addition to Special Marriage Act, 1954. The researcher elucidates the elements supporting the ‘Mediation’ and ‘Conciliation’ in the above mentioned personal laws and thereby traced the evolution of Mediation as a tool for the settlement of matrimonial conflicts from the personal Laws.

Thereafter the researcher analysed the judicial interpretation of the specific provisions of the Family Court Act of 1984 and the Code of Civil Procedure of 1908 regarding Mediation for the settlement of matrimonial disputes. The researcher brings out the Judicial enthusiasm to encourage Mediation. However, the researcher felt that an empirical study of the success rate of the Mediation is worth for this work and would add its value.

The researcher confined their study on the effectiveness of the Mediation in settling the matrimonial causes in the State of Tamilnadu. While the State of Tamilnadu is being considered as Universe, the data from five districts are chosen on the basis of rural- urban distinction; is the sample from the universe. The data is being collected through different means which includes requisition from Family Courts and other Courts, application under Right to Information Act, 2005.

The primary issues of confidentiality and lack of legal obligation on the part of judicial forums and Mediation Centres, remained as hurdles for the researcher throughout her empirical study. However, the academic nature of the research work tempted the kindness of the Hon’ble Madras High Court in considering the request of the researcher in granting data from Family Courts in all the five districts namely Chennai, Coimbatore, Madurai, Tiruchirappalli and Thanjavur.

Mediation as a method is being encouraged by both the legislature and judiciary due to speedy disposal of the cases and win-win situation. In addition to that in matrimonial disputes involving multiple socio-psychological dimensions, an orthodox and stringent Court atmosphere is not considered suitable by the judiciary. However, in the empirical study conducted by the researcher in the five districts mentioned above less than 20% matrimonial causes are only settled through Mediation.

The researcher attempted to intrude into the reason for the failure of Mediation. The researcher reveals the following impasses through her work as reason for the failure. They are

1. Emotional Impasses

2. Substantial Impasses

3. Procedural Impasses

The empirical study and the testing of hypothesis along with analysis for the reasons for failure are being discussed in Chapter V of the research work. In the last chapter, the researcher elucidates her conclusions and recommendations.

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