(By Aryavart International University, India)
Dr. Ipe Eshi
Vol. 18, Issue 1, Jul-Dec 2024
Abstract:
Disputes within Indian families often touch on social, emotional, and legal matters that go beyond the purview of conventional family law. The interaction of civil and criminal law within family relationships is highlighted by matters such as marital breakdown, domestic violence, cruelty, dowry harassment, and even more severe consequences like female-perpetrated killing. Although remedies are available under both criminal statutes and family laws in India, the adversarial character of litigation often makes matters worse instead of better. Mediation, conciliation, and counselling are examples of ADR processes that have grown in popularity in this setting as means to lessen the load on the judicial system while simultaneously fostering reconciliation. In order to provide a more equitable and compassionate framework for dealing with marital offences, this study investigates how ADR might operate in tandem with initiatives in criminal law. It also examines the authority of India's Family Courts, which were set up by the Family Courts Act, 1984, to help family disputes be settled quickly, peacefully, and expertly. This research emphasizes the need for a holistic legal strategy that combines empathy with fairness by combining the study of marital crimes with the criminal aspects of domestic disputes, such as allegations of female-perpetrated assault.