INTRODUCTION

We are very familiar that the dispute under family law has also been a part of active litigation in our system. In India, whenever any dispute arises between the parties, either of the parties prefers to move to the court to seek relief. However, the courts and other authorities try to settle the dispute between the parties to restore peaceful family life. But most cases proceed with the litigation.

Apart from courts and litigation, there are few authorities or redressal forums; wherein one can approach before such authority or forum to settle the dispute between the parties. Despite all the efforts, the settlement mechanism does not serve a fruitful purpose; the respective forum advises the parties for further action as permissible in law.

If any individual is facing any family dispute, can refer, mainly below mentioned three forums before choosing litigation.

WOMEN COMMISSION

Women Commission is the statutory body constituted under if any women in the family face any family dispute can refer to women commission of their respective Jurisdiction. The matter is disposed of by the women commission in a certain direction. The Women Commission will first make an effort to resolve the issue by issuing summons to all the persons against whom the complaint has been made and making an effort for a settlement between the parties if the settlement occurs. Still, if the settlement fails, then in such cases, the women commission refers the matter either before the police station for the registration of FIR or the parties are advised to proceed with appropriate action, as permissible in law.

PRELITIGATION MEDIATION

In the era of pendency of a massive number of active cases, another platform can prevent the party from resolving the issue and preventing themselves from the never-ending litigation, i.e., pre-litigation mediation. In India, many high courts across the state have laid down the concept of pre-litigation mediation. The party wants to resolve their matter amicably or want to take an opportunity to settle the matter before proceeding to court. Nowadays, even the courts encourage mediation in a family dispute, even in matters where a criminal offence is involved.

MEDIATION RELIEVE THE BURDEN

The Hon’ble Apex Court in Ramgopal & Anr vs State of M.P.& Anr.  has recommended the law commission and Government of India to introduce such laws wherein serious criminal matters can be quashed based on settlement. The Hon’ble Court further held that there are several offences under the IPC that are currently non-compoundable. These include offences punishable under Section 498-A, Section 326, etc., of the IPC. Some such offences can be made compoundable by introducing a suitable amendment in the statute. We think that India's Law Commission could examine whether a suitable proposal can be sent to the Union Government in this regard. Any such step would relieve the courts of the burden of deciding cases in which the aggrieved parties have arrived at a settlement and encourage the process of reconciliation between them. 

Read more: PROBLEMS UNDER THE SCOPE OF FAMILY LAW

AMICABLE SETTLEMENT

 The Hon’ble Apex Court in the matter of  B.S. Joshi & Ors vs State Of Haryana & Anr has laid down the settled law principle that small quarrels should be settled amicably based on mutual agreement, rather than making a serious issue and giving rise to criminal activity. The court further held that Marriage is a sacred ceremony to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt, which often assume serious proportions resulting in the commission of heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. Many other reasons need not be mentioned here for not encouraging matrimonial litigation. The parties may ponder their defaults and terminate their disputes amicably by mutual agreement; instead of fighting it out in a court of law, it takes years and years to conclude. In that process, the parties lose their "young" days in chasing their "cases" in different courts.

PROCEDURE OF PRELITIGATION MEDIATION

In any party who face the family dispute and wants to resolve the same, then, in that case, they can file an appropriate action, i.e., mediation petition before the pre-litigation mediation centre in an appropriate format and affixing the court either in a mode of a postal stamp or by way of demand draft. After filing the appropriate petition, the centre appoints a mediator, and thereafter, the notice is issued to the other party.

Once the party to whom the notice has been issued enters the appearance before the mediator, the mediation proceeding begins, and the mediator makes their best effort to resolve a family dispute.

If the mediation succeeds, the mediator grants the joint decree, and if the mediation fails, the mediation petition is dismissed subject to failure of mediation. Thereafter, a party may seek appropriate action before the court.

LEGAL AID CELL

The party, whoever faces any dispute related to family, finds it difficult to seek a legal remedy for that. In such cases, they may refer to the Legal Service Authority or Legal Aid Cell. In cases where my party either doesn’t afford a lawyer or finds it difficult to seek legal remedies, a legal aid cell or Legal Service authority provides free service to the aggrieved party.

Legal Aid cell or Legal Service authority is established at every district court and the high court to provide the aggrieved party's free and appropriate service. The counsel of legal aid service or Legal Service Authority advises the party for appropriate action and pleads for them before the court that too much service is being provided to the party free of cost.

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