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Showing posts with the label #MatrimonialDisputes

Res-Judicata and the Reliefs of Permanent Alimony and Stridhan

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Introduction The doctrine of Res-Judicata , which prevents the re-litigation of issues that have already been adjudicated, is a fundamental principle in the Indian legal system. This principle ensures that judicial resources are not unnecessarily consumed by repetitive litigation and that parties are granted closure on matters that have been conclusively settled by a competent court. In the context of matrimonial disputes, Res-Judicata plays a crucial role in preventing the re-litigation of permanent alimony and Stridhan, two key issues that arise in divorce proceedings. Both these reliefs have a direct impact on the financial rights of spouses following a divorce, especially in the case of women, who may be economically vulnerable after the dissolution of marriage. The relationship between Res-Judicata and these reliefs is complex, as it involves balancing the finality of judicial decisions with the potential for changes in the circumstances of the parties involved. This article...

Mediation in Family Law: A Detailed Analysis of Its Role and Relevance in India

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 Introduction Family disputes, given their deeply personal nature, often involve emotional, financial, and social complexities, making litigation a challenging avenue for resolution. In India, family law mediation has gained traction as an effective alternative to traditional litigation, emphasizing a less adversarial approach that encourages mutual agreement and cooperation. This article offers a detailed analysis of the role of mediation in Indian family law, examining its benefits, legal framework, key case laws, applications in various disputes (including domestic violence cases), and the challenges it faces within the judicial system. Mediation in Family Law Mediation is a structured dispute resolution process in which a neutral third party, known as a mediator, assists parties in reaching a voluntary agreement. Unlike litigation, where outcomes are determined by a judge, mediation enables the parties themselves to determine the outcome of their dispute, fostering a sense ...