ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Adjudicating 'Litigotiation'

Cases Filed in the Mumbai Family Court

How does litigation fare in Indian courts? How long do cases last and how are they disposed? Do men and women litigate equally and do they receive equal justice? This paper offers a statistical "snapshot" of litigation in Mumbai's family court in the period between 2010 and 2014. The data presented herein indicates that family courts today largely serve as venues for what Marc Galanter termed "Litigotiation." The data also reveals latent patterns of discrimination in the adjudication of women's economic rights.

This paper is an abridged version of an article with the same title available at SSRN: I am grateful to my friends Lawrence Liang, Sruti Chaganti, Neha Tayshete, Mohsin Khan, Aseem Prakash and Rajeev Kadambi for their constant encouragement and comments on initial drafts. Much of the preparation for this paper was undertaken during my employment at the Jindal Law School, Sonipat to which I remain grateful for the resources made available. I am also thankful to the anonymous reviewer of this paper for suggestions on shortening its length.

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