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The Constitutional Experiment in Matrimonial Justice: A Critical Study of India's Matrimonial Justice Regime and Its Jurisprudential Paradox

Authors: Advaith Sri Krishna Datta Mamidanna;

The Constitutional Experiment in Matrimonial Justice: A Critical Study of India's Matrimonial Justice Regime and Its Jurisprudential Paradox

Abstract

The Family Courts Act, 1984 was enacted as a constitutional response to the fragmented, delayed, and adversarial handling of matrimonial disputes under ordinary civil and criminal courts. This paper examines whether the Act, through its specialized jurisdiction, emphasis on conciliation, procedural flexibility, privacy safeguards, and consolidated enforcement of rights under diverse personal laws, fulfils the constitutional mandates of equality, dignity, and access to justice under Articles 14, 21, and 39A of the Constitution. Analyzing statutory design alongside key judicial developments on maintenance, mutual consent divorce, privacy, and delay, the study argues that while the Act has significantly humanized matrimonial adjudication, persistent institutional and practical deficiencies continue to challenge its transformative constitutional promise.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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