Guwahati, Sep 27 Supreme Court Judge Justice N V Anjaria on Sunday said solutions arrived at in family disputes through courts often become artificial, with parties feeling that justice has been foisted upon them, which becomes "illusory and partakes injustice".
Delivering the keynote address at the Eastern Zone Regional Conference on 'ADR vs Adjudication in Family Disputes: Challenges and Way Forward' here, he said mediation is the most befitting Alternative Dispute Resolution (ADR) mechanism for resolving family disputes as they are human disputes arising out of human sentiments.
"Forget our sanskar, the sanskar of Bharat, Vasudhaiva Kutumbakam, now we are struggling to keep even a single family united and one," he said, referring to the rise in family litigation.
Noting that participants had "fruitfully discussed how to counter the explosion of cases in the area of family disputes and how to increasingly use the alternative dispute resolution system", Justice Anjaria said the phenomenon of multiplicity and rise in family disputes was noticed as far back as 2008 by Justice Kurian Joseph.
He said that family disputes are human disputes arising out of human sentiments and human sensitivity.
"The solutions arrived at in the family disputes in the courts or by judge-made law often become artificial. In many cases the parties would feel that justice is foisted upon them and when the justice is foisted upon or imposed it is illusory, it is illusive and it partakes injustice," the SC judge said.
Solution to family dispute is also a process of social engineering, he added on the concluding function of the two-day conference.
