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yedhash (n/a)     07 June 2009

Arbitration in matrimonial disputes

Is an agreement between a hindu husband and wife to refer all future matrimonial disputes to arbitration valid 


 3 Replies

A V Vishal (Advocate)     07 June 2009

No, Since marriage is not any business or legal contract under the Hindu Marriage Act

ravi pratap sharma (Advocate)     07 June 2009


      Hindu marriage is not a contract under hindu marriage act. the right word is concilliation between the parties when a dispute arrose. which actuall means that you give your wife a lumsum maintenance and in reply she gives divorce. its different for parties and not allowed everytime and could take time, getting irritated by court taking time.


No.  In Hindu religion any one (family elders, village elders or well wishers) can mediate between the warring spouses for cohabitation.  If that fails, the divorce or judicial separation has to be granted only by courts and none else.  Unfortunately, there are thousands of cases in rural India, where panchayat members and village elders are deciding the divorce etc. and in most of such cases, the woman is being put in disadvantageous position.

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