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Report No. 59

Disputes concerning the family

1.21. Before we proceed to deal with the questions relating to revision or amendment of the provisions of the two Acts, we ought to mention here one important consideration which is an integral part of our approach". In our Report on the Code of Civil Procedure,1 we have had occasion to emphasise that in dealing with disputes concerning the family, the court ought to adopt a human approach-an approach radically different from that adopted in ordinary civil proceedings, and that the court should make reasonable efforts at settlement before commencement of the trial. In our view, it is essential that such an approach should be adopted in dealing with matrimonial disputes.

We would suggest that in due course, States should think of establishing family courts, with presiding officers who will be well qualified in law, no doubt, but who will be trained to deal with such dispute in a human way, and to such courts all disputes concerning the family should be referred. What we have said in our Report on the Code of Civil Procedure should be treated as a part of the present Report also. We are clear in our mind that if these measures are adopted, they will go a long way towards the proper resolution of such disputes. We may add that selected judicial officers could be posted in courts empowered under both the Acts, and by dealing with disputes concerning the family, they will be able to acquire experience and knowledge which should not only be of value to them but with ultimately benefit the society.

1. 54th Report, Chapter 32A.



Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back




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