Abstract

In recent years, restorative justice has gained popularity as an alternative to traditional legal processes that rely on adversarial procedures to resolve disputes between families. Indian family law is increasingly integrating restorative justice approaches, which draw from both traditional practices of conflict resolution based on community and modern methodologies. Among the dispute resolution approaches prevalent in India is restorative justice, which is used to resolve divorce matters, custody disputes, and other conflict resolution issues involving families. Mediation, peace circles, and family group conferencing are just a few examples of restorative practices used in India. As a result, extended family networks play a significant role in resolving disputes in India, a country with a diverse cultural landscape and social landscape. In this study, key factors contributing to restorative justice's success or failure in the Indian context are identified based on case studies and legal outcomes. In India, restorative justice approaches, which are more prevalent in developed nations, are compared to their effectiveness. Comparing India with developed nations highlights the many challenges it faces, including limited legal infrastructure, different cultural norms, and resistance to change. In addition, it shows that restorative practices offer opportunities for involving extended families and community stakeholders in the resolution process, as well.

Keywords