Group Discussion Board

Adr under family Court

Adr under family Court

by Sumaiya Yeasmin -
Number of replies: 0

Family disputes are very sensitive in nature that need experienced judges. But section 4 of the FCO states that Assistance Judges shall be family court judges, who are members of the subordinate judiciary and hence lack sufficient experience in judiciary. In the Indian Family Courts Act, 1984, a person shall not be qualified for appointment as a family court judge unless s/he has held a judicial office at least for seven years. 

Only the Family Court Judges are responsible for resolving family disputes by ADR in the FCO and no provision relating to dispute solving by person outside of court is present in the FCO. That is why, in the family court mediation, parties cannot go to experienced mediators for resolving their problems.