MATRIMONIAL

ISSUES: METHODS
OF DISPUTE
RESOLUTION
PRESENTED BY
INDRALINA SEN,
LL.M.

TABLE OF
STATUTES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

The Constitution of India

The Hindu Marriage Act, 1955
The Industrial Disputes Act, 1947
The Family Courts Act, 1984
Code of Civil Procedure 1908 as amended
in 1976, 1999 and 2000
Legal Services Authorities Act, 1987
Arbitration and Conciliation Act, 1996
Employment Rights Act, 2003
The Employees Deposit Link Insurance
Scheme, 1976
The Employees State Insurance Act,
1948
Workmens Compensation Act, 1923
The Employees Provident Funds and
Miscellaneous Provisions Act, 1952

This presentation is based on the different types of disputes that arise

between an employer and an employee and in a matrimonial relationship
and the best way through which these disputes may be solved. Till date
judiciary was the best method of resolving any dispute, but now the
alternative dispute resolution mechanism has proved to be the best way of
resolving a dispute in a much efficient and time consuming manner ,in
what ways will be discussed later in this presentation. But for this reason
we first need to know:
a. What is an ADR?
b. What are the disputes that normally arise in an employer and an employee
and in a matrimonial relationship?
c. What are the various means through which other than court litigation
disputes can be solved?
d. What are the methods of resolving the disputes through other means of
resolution?
d. Did ADR really prove to be the best method of resolving the dispute?

WHAT IS ALTERNATIVE DISPUTE

RESOLUTION?

Alternative Dispute Resolution are also called External Dispute

Resolution.
It is the blistering new fangled socio legal concept of the
1990s.
ADR is widely accepted for the following reasons:
a.
Less cost than litigation
b.
First choice for secrecy
c.
Speedy resolution of dispute
d.
Simple Modus operandi
e.
More co operative and
Less competitive etc.

TYPES OF EMPLOYER EMPLOYEE DISPUTES

Interest disputes:
arising out of
deadlocks in
negotiation for
collective bargaining

Unfair labor
practices: those
arising out of right to
organize, acts of
violence, failure to
implement an award,
discriminatory
treatment, illegal
strikes and lockouts

Grievance disputes:
may pertain to
discipline, wages,
working time,
promotion, rights of
supervisors etc. also
some times called
interpretation disputes

Recognition
disputes: over the
rights of a TU to
represent class or
category of workers

TYPES OF MATRIMONIAL
ISSUES

Divorce or, nullity of marriage,

The property of the spouses or of
either of them,
Guardianship of a person, or
The custody of the minor,
Maintenance,
Dowry etc.

LAWS GOVERNING EMPLOYER

EMPLOYEE DISPUTES
Legislation plays an important role in the decision making in our country.
Thus in this presentation it is important to know about the law that govern
and helps to settle the disputes between an employer and an employee.
The Industrial Disputes Act, 1947 deals with the relations between the
employer and the employees and thereby helps to restore and maintain
industrial peace. The object of the enactment of The Industrial Disputes Act,
1947 can be summarized as follows:
To provide effective means of settlement of industrial disputes,
to prohibit and restrict strikes and lock outs,
to provide retrenchment compensation to retrenched employees,
to provide certain rules regarding lay off.
Thus The Industrial Disputes Act is a legislation calculated to ensure social
justice to both employer and employees and advance the progress of
industry by bringing about the existence of harmony and cordial relationship
between the parties.
Other than this, The Indian Contract Act, 1872 also plays a role.

LAWS GOVERNING
MATRIMONIAL
DISPUTES:
The laws that helps to resolve the disputes in a
matrimonial relationship are:
1.

The Family Courts Act,1984

2.

The Hindu Marriage Act,1955

3.

Some provisions of the Code of Civil Procedure.

EMPLOYER EMPLOYEE DISPUTES

VIS A VIS ALTERATIVE DISPUTE
RESOLUTION SYSTEM
As discussed earlier Alternative Dispute Resolution involves,
arbitration, conciliation, mediation, negotiation etc. now with
the help of these mechanisms the disputes between an
employer and an employee can be resolved without going
into any further complex, time consuming, costly litigation
processes. The points that will be discussed are:
Negotiation: As a Prime Method of Employer and employee
Dispute Resolution
Arbitration under The Industrial Disputes Act, 1947
Mediation in Employment Disputes
Labour Arbitration
Coal Strikes, 1902, commonly known as interest arbitration.

MATRIMONIAL DISPUTES VIS A - VIS

CONCILIATION, MEDIATION ETC.

It is observed above that the employer and employee

disputes can be well settled through the various
methods of dispute resolution other than Court
litigation. Similarly the methods of resolving the
matrimonial disputes through other methods of dispute
resolution are as follows:
Conciliation under The Family Courts Act, 1984.
Use of Mediation in Family Cases
Lok Adalats etc.

CONCLUSION
Thus it can be concluded by saying that Courts no doubt plays an
important role in resolving disputes, but with the want of time and
flexibility much of the disputes are being resolved by the
Alternative Dispute Resolution mechanisms. The arbitration,
conciliation, mediation, negotiation etc. proved to be much more
beneficial than litigation processes which are more expensive,
time consuming, and takes harassing. Therefore, nowadays,
Alternative Dispute Resolution mechanism is the most accepted
and the best way of solving any dispute.