Women, matrimonial litigation and alternative dispute resolution (ADR) : transforming Indian justice delivery system for achieving gender justice / Neelam Tyagi.
Tyagi, Neelam, author.
2021
KNS543
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Title Women, matrimonial litigation and alternative dispute resolution (ADR) : transforming Indian justice delivery system for achieving gender justice / Neelam Tyagi.
Author Tyagi, Neelam, author.
ISBN 9789811610158 (electronic bk.)
9811610150 (electronic bk.)
9789811610141
9811610142
DOI https://doi.org/10.1007/978-981-16-1015-8
Published Singapore : Springer, [2021]
Language English
Description 1 online resource
Item Number 10.1007/978-981-16-1015-8 doi
Call Number KNS543
Dewey Decimal Classification 346.54016
Summary This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved womans issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered womens voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.
Bibliography, etc. Note Includes bibliographical references.
Access Note Access limited to authorized users.
Source of Description Online resource; title from PDF title page (SpringerLink, viewed April 14, 2021).
Available in Other Form Women, matrimonial litigation and alternative dispute resolution (ADR).
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Intro
Preface
Acknowledgements
Contents
About the Author
Abbreviations
List of Tables
List of Boxes
1 An Introduction
1.1 Background
1.2 Women, Matrimonial Litigation, and ADR
1.2.1 Idea of a Family and Marriage in the Indian Jurisprudence
1.2.2 Gender Discrimination and Patriarchy
1.2.3 Matrimonial Litigation and Higher Incidence of Divorce
1.2.4 Courts Overburdened-Emergence of Alternative Dispute Resolution Mechanism (ADR)
1.2.5 Matrimonial Litigation and ADR
1.2.6 Societal Prejudices: Its Effect on ADR Outcome

1.3 Focus of This Book and Its Importance
1.4 About the Book
References
2 Matrimonial Disputes and Scope and Benefits of ADR
2.1 'Until Death Do Us Part': A Myth
2.1.1 The Institution of Marriage
2.1.2 Changing Concept of Marriage
2.1.3 Higher Incidence of Matrimonial Disputes
2.2 Reason Behind the Genesis of Matrimonial Disputes
2.2.1 Industrialization, Urbanization, and Westernization
2.2.2 Nuclear Versus Joint Family: Changing Patterns of Family
2.2.3 Role Reversal: Social Change and Equality of Sexes

2.2.4 Modernization and Dilution of Social Stigma Attached to Divorce
2.2.5 Other Reasons
2.3 Peculiarity of Matrimonial Disputes and Unlocking the Potentiality of ADR
2.3.1 Indian Judiciary and Access to Justice
2.3.2 Delays and Reasons Behind Insurmountable Arrears
2.3.3 Need and Emergence of ADR
2.4 ADR Approach and Benefits for Women Litigants
2.4.1 Provides Reliable Setting to Aggrieved Women for Grievance Redressal
2.4.2 Provides a Platform for Amicable Resolution of Marital Disputes

2.4.3 Provides a Confidential and Informal Mechanism Unlike Formal Court Proceedings
2.4.4 Others Benefits
2.5 Conclusion
References
3 Matrimonial Litigation, Its Aftermath, and ADR Mechanisms in Focus
3.1 Legal Provisions and Personal Laws Dealing with Marital Conflicts
3.2 Range of Legal Proceedings Flowing from Matrimonial Conflict
3.2.1 Maintenance
3.2.2 Return of Stridhan and Dowry
3.2.3 Judicial Separation (JS)
3.2.4 Restitution of Conjugal Rights (RCR)
3.2.5 Post-divorce Parenting
3.2.6 Financial Arrangements
3.2.7 Others

3.3 Aftermath of Matrimonial Disputes and Ensuring Healthy Resolutions
3.3.1 Impact of Divorce on Society
3.3.2 Impact of Divorce on Children
3.3.3 Impact of Divorce on Woman and Stress of Being a Single Parent
3.4 Locating the Significant ADR Mechanism for Resolving Matrimonial Disputes
3.4.1 Type of ADR-Primary Techniques and Hybrid ADR Procedures
3.4.2 ADR in Focus
3.4.3 Indian Laws for Resolving Matrimonial Disputes Through ADR
3.5 Conclusion
References
4 ADR Institutions, Role of ADR Practitioners, and Frequency of Resolution of Matrimonial Disputes

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