A Critical Analysis of Family Dispute Resolution Practices in Pakistan
DOI:
https://doi.org/10.59075/jssa.v2i2.63Keywords:
Family, Dispute resolution, legal frameworks, Arbitration, Traditional practicesAbstract
Informal practices that exist within family relations are as ubiquitous as formal legal mechanisms widely used to resolve family disputes in Pakistan. To achieve this, this study critically examined the FDR Practices in Pakistan in light of the existing legal framework highlighting its strengths and gaps and proffering recommendation to improve upon the same. Legal provisions under the Muslim Family Laws Ordinance of 1961 and the West Pakistan Family Court Act of 1964 exist, but operate in spite of these, obstacles like procedural anomalies and Jirga and Panchayat systems continue to exist and human rights violations are not rare. The study was done using a qualitative research methodology which used a review of legal provisions, court practices and alternative dispute resolution models. Moreover, results proved that current frameworks do not sufficiently take care of family related disputes and that informal methods are not fair and accountable. The results of this study suggest that the formation of regulated FDR centers promotes relatively efficient resolution of disputes, reduces the burden placed on courts and protects family relationships.
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