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CONSULT THE BEST FAMILY DISPUTE LAWYERS IN INDIA

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Lawyers for Family Dispute in India

Family is an institution that has great importance in our society; it is characterized by consanguinity or affinity. It is one of the smallest units of society. Family stands for well being of the members and society. Family is united by the ties of marriage, blood, or adoption,  and everyone each other as spouses, parents, children, and siblings. There are three types of family: Nuclear family, Single parent family, Joint family, or extended family.

The basis of the nuclear family is love and connection between parents and siblings. It is based on mutual respect and love. In comparison with joint families, nuclear families face fewer conflicts. There may usually be small quarrels between a husband and wife or a child and the parents.

A Joint family is also known as an extended family and it consists of a lot of members. It is an extension of a nuclear family and extends when children of one sex do not leave their parents.

A single-parent family consists of a parent and one or more dependent children and the support of an adult partner. This type of family is headed by a single parent.

Sometimes a family faces difficulties or stress.  Such family disputes include conflict between family members or which include disputes in a family, such as between couples, parents, and children, siblings, between families, such as adult siblings, their families, and other families. Today family disputes are on the rise. Which is contributed by economic conditions to professional problems and psychological imbalances.

Family conflicts and disputes are inherent to every society. The reasons may vary from economic conditions to professional problems and psychological imbalances. Family conflict refers to active opposition between family members.

Reasons for family disputes: Conflict occurs in a family when members have conflicting views or beliefs that are. Sometimes conflict can occur due to misunderstanding. Conflicts need to be resolved peacefully otherwise they lead to arguments. Disagreement with each other is normal. Occasional conflict is part of family life. Stress may affect or damage relationships. People become aggressive and violent when they cannot handle their emotions.

Families get into conflict over different matters such as,

  1. Divorce and Separation issues. This may relate to property, finance, or child contact and may occur at any time in a relationship or later down the line if circumstances change. 

  2. Parenting 

  3. Grandparents Rights 

  4. Inheritance

  5. Eldercare

  6. Extended family conflicts

  7. Family business and partnerships 

  8. Estranged family members

The most common causes for these kinds of family disputes are,

  1. Learning to live as a new couple

  2. Birth of a baby 

  3. Birth of other children 

  4. A child going to school 

  5. A child becoming a young person

  6. A young person becoming an adult.

These stages can create new and different conflicts. Conflicts result from changes in the family. This may include events such as:

Separation or divorce:

  1. Moving to a new house or country 

  2. Traveling long distances to work

  3. Commuting interstate for work

  4. Change in financial circumstances.

A couple can get into a dispute because of family or children for many reasons. In the early stage of a marriage chances of conflicts are high as couples will be tolerant to one another but when there are long-term marriages a couple is usually used to each other. Conflicts canaries if husband and wife have different careers and that may conflict with each other. In India women face more challenges as they are expected to handle responsibilities of taking care of the family and children, it is more of when a woman is employed and at the same time, she has to take care of a family along with her work. 

In India, the major cause of matrimonial disputes is when a woman and men are married they consider themselves to be married to family rather than married themselves. This has its tensions and responsibilities as in every aspect of their life the family interferes and they cannot make a decision at any stage of their life. So, in India especially there is a lot of involvement of each other family into the marital life which can sometimes create a problem.

 Habits and Interests are another reason that can create a problem among a couple in their marital relations while dealing with each habit and addiction. If one among the couple has the habit of consuming alcohol, smoking, or drugs, and so on, or the habit of late-night parties and outings. This type of habit might not just give away to a conflict but has the capacity to cause disputes for the same.

How to resolve family disputes: An issue in a family becomes escalated if the disagreements become intractable and sides are taken by the members of the family aggravating the dispute causing it to go out of control. In order to solve a dispute, it is important that the parties understand they are in dispute. The sooner they understand this they can solve the dispute.

One of the effective ways to solve family disputes is through mediation. When it comes to family law disputes it has a higher rate of settling disputes. The disputes that arise in a family are to be taken care of with caution and care. In family disputes, a solution should be achieved where both parties can benefit. It is an effective remedy to solve disputes rather than seeking remedies from courts which are costly and time-consuming. Meditation proves to be beneficial for family disputes.

In the case of mediation of domestic violence, The Supreme Court in 2013 by sanction gave the power to the courts to refer the cases mentioned under Section 498-A of IPC for mediation. Code of civil procedure section 89 deals with the procedure for mediation referred by the court.

The references for mediation or conciliation to settle a family dispute are according to the provisions contained in Family Courts Act, 1984, Civil Procedure Code, Hindu Marriage Act, and the Legal Services Authorities Act, 1987  which confers special status to Lok Adalats as it has been a very effective way in mediating family disputes.

The family mediator tries to help the people reach a settlement to which both the parties agree, by encouraging communication. The mediation process also plays the same role where members of a family in dispute can try to solve their disputes of grievances instead of relying on conventional legal proceedings.

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Lawyer Services Lawtendo Price Range: 500 to 5000 ₹ 9671633666 25 Kembrose Estate, Off, LBS Marg, Bhandup, Sadan wadi, Bhandup West, Mumbai, Maharashtra
2.1 out of 5 stars - 142 Reviews