Title: Rule of conciliation in the matter of divorce cases: a study under Indian divorce law

Authors: Himanshi Aneja; Anil Kumar Dixit

Addresses: Law College Dehradun, Uttaranchal University, Dehradun, UK ' Law College Dehradun, Uttaranchal University, Dehradun, UK

Abstract: This research article examines the role of conciliation in Indian divorce cases, providing an overview of its objectives and analysing its effectiveness. It explores real divorce cases and draws lessons from them, suggesting that conciliation can be effective when parties engage in the process sincerely. However, challenges such as power imbalances and enforcing settlements are identified. To address these issues, the article recommends standardising the conciliation process, providing training and certification for conciliators, and addressing power imbalances. Overall, the article emphasises the potential benefits of conciliation in Indian divorce cases and provides recommendations to enhance its effectiveness, aiming for more peaceful resolutions.

Keywords: conciliation; dispute resolution; rule of law; India; divorce.

DOI: 10.1504/IJHRCS.2024.141725

International Journal of Human Rights and Constitutional Studies, 2024 Vol.11 No.4, pp.403 - 414

Received: 16 Apr 2023
Accepted: 30 May 2023
Published online: 01 Oct 2024 *

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