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Digisha   21 October 2017

procedure for divorce

is it mandatory to take certificate of marriage counselor from lok Adalat for divorce?


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 8 Replies

Jaspal singh (practicing lawyer)     21 October 2017

No there is no rqmnt for certificate of marriage u can file a divorce with marriage photograph and invitation card..along with affidavit. Regards Jaspal S Maini(Adv) 9999987283

Digisha   21 October 2017

Thank you for your reply sir. I have already filed divorce petition. But the judge is forcing me to take certificate from marriage counselor from Lok Adalat that the marriage can not be continued. I just want to know that is there any such provision u/s 13 to obtain such certificate from Lok Adalat?

Naishadh Vyas (Lawyer)     22 October 2017

I guess judge is follow old law where counceller were assinged to see of marriage could be reworked out. But to my knowledge recent judgment says no such concelling required and there would be no waiting time for divorce.

1 Like

Digisha   22 October 2017

thank you for reply sir. I don't have any problem to follow the procedure but here the issue is judge is forcing me to go to Lok Adalat to take marriage counselor's certificate. I have checked almost everywhere but I didn't find anything in this regard.

Naishadh Vyas (Lawyer)     22 October 2017

is divorce by mutual concent?

Samir N (General Queries) (Business)     22 October 2017

If you are in the Family Court, then Family Courts have counsellors appointed for precisely this purpose.  The Family Court Act emphasizes the need for attempting reconiciliation which is through counselling. The Judge waits for this report before any hearing can take place. It is a mere formality though it appears that it may not be in any Act or Rules.  Anyhow, I had to go through it so I know. Why are you hesitant? Just make sure that you sound like you have made all efforts to make the marriage work but these efforts have not been fruitful. I think that there is no legal weightage given to he report or certificate but any observations made will have an influence on the Judge in terms of first-impression on the divorcing parties. Judges also need to show that they did attempt to save the marriage. 

2 Like

Naishadh Vyas (Lawyer)     22 October 2017

you are right sir but this would consume lot of time energy and effort.

Digisha   22 October 2017

thank you all
1 Like

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