This is a new idea. Idea stems from a Supreme Court Judgement which says that Arbitration Law can be applied to civil disputes of all kinds. (Not only commercial disputes)
In commercial world, arbritration has become popular.
It there is an Agreement between parties that certain type of civil disputes will be solved under Arbitration Act, then parties cannot go to Civil Courts. Court appoints a mutually agreeable person as arbitrator, and his judgement become Decree of Court.
This can solve civil disputes between husband and wife regarding divorce, maintenance, right of custody of children and their inheritance rights etc. All they need to do is to have signed an agreement that if such dispute arises in their marriage life, it will be resolved through arbitration under Arbitration laws.
An arbitrator can then be appointed by court. He can give judgement in four months.
Once, one of the party will go to arbitration, the heat of criminal cases will go away. And most probably, arbitrator will try to resolve those cases also.
This is an idea. Need to be more explored by lawyers and parties and by about to be married young generation, under guidance from their lawyers.
Haresh Raichura
29/5/13 17:32