If wishes were horses beggars would ride. Against this backdrop read down;
1. Divorce is not granted by just expressing once wishes. It is presented by way of a suit matter and contesting it is right of opposite side. Procedure of Law is followed to grant decree in such divorce proceedings and not by mere saying it in Chamber of a ld. judge !.
2. Counseling of parties is explicit direction from Hon’ble SC to all Family Courts and thus every effort to send parties for no. of counseling sessions are/is norm followed by Family Courts as per Apex court directions. The more counseling the more insight one gets of opposite side's mind, hence it should be attended with open mind.
3.I donot know based on which case parties were sent to counseling. Nevertheless if you see 'grounds' available in accordance with Law then you may file divorce suit.
4. I donot know if you are confused on some specific Hon’ble HC ‘guidelines’ in your case OR are pointing to Maharashtra / MP HC issued ‘guidelines’ or have actually got in one of case matter of parties such ‘specific guidelines’ accordingly? Nevertheless such ‘guidelines’ are actually to be shown to apply to individual case(s) approaching for the same by way of an explicit Order and is not taken for granted as just being there so it applies to my case!
5. The complaint is filed before the Court which passed such visitation direction. Here you are referring to State’s HC guidelines’ and in same breadth saying to me that you filed complaint before trial Court so it does not fit squarely as it falls under Contempt of Court jurisdiction and if State’s HC has given such guidelines’ direction then that is the forum to agitate by parties.
6. Introspect why MCD failed (other than 1.5 Cr vs. 1.5 L issue) and try again approaching counseling pressing different angle and only if, if it suits cause title of your query before me.
Illustration (as pointer may not suit your cause, but do read it):
In a similar agitation case of roughly same financial compensation figures r/w a child out of wedlock of parties; after repeated failure in no. of counseling that parties attended I advised the boy to agree for the just figure but pay that in installments in lifetime subject to showing ‘regularly’ visitation of minor to non-custodial parent and aloha the couple read down the lifetime logic and agreed and walked out of their marriage soon enough meeting agreed professional fees :-)
PS.: She is still your legal wife, you know more about her so it is natural that only you shall solve her Ganges of mind.
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