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sansh (not working)     11 January 2017

Karnataka family court procedure

My husband is the petitioner and I'm the respondent in contested divorce case. Last date I have filed my objection statement to his petition. My lawyer informed me that next date is petitioner evidence. THe family court office has refused to give me copy of the mediation and conciliation report and some other documents mentioned in his petition in bold words. I was told "You have NO right to ask the copies".

I have read that after the objection by the respondent, the petitioner can file rejoinder. Folowing that the court will frame issues. Following that the petitioner evidence will start.

Is that the procedure adopted in the family courts in Karnataka? or is it direct petitioner evidence immediately after objection filed by respondent?

Also do I have right to apply for and receive the copies of the mediation and conciliation reports and other documents mentioned as submitted in his petition, at this stage?



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 4 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     12 January 2017

If he does not choose to file rejoinder, then after filing reply by you, the court will straight away fix the date for petitioner's evidence. If there are not several issues raising in the reply, then the court need not frame issues because, single issue will be that whether the petitioner is entitled to divorce. But grave error happened if the husband mentioned the matters discussed in the conciliation / mediation and the mediation reports are strictly prohibited to be filed in the family court. Hence, engage an advocate and file an application asking the petitioner to remove the conciliation/mediation reports, if those were held after his approaching the family court. If mediation was held prior to approaching the family court, then that can be included in the petition. And by writing, you ask the court to supply the documents on which husband is relying and if he refuses, approach the High Court.

(Guest)
Originally posted by : sansh
My husband is the petitioner and I'm the respondent in contested divorce case. Last date I have filed my objection statement to his petition. My lawyer informed me that next date is petitioner evidence. THe family court office has refused to give me copy of the mediation and conciliation report and some other documents mentioned in his petition in bold words. I was told "You have NO right to ask the copies".

I have read that after the objection by the respondent, the petitioner can file rejoinder. Folowing that the court will frame issues. Following that the petitioner evidence will start.

Is that the procedure adopted in the family courts in Karnataka? or is it direct petitioner evidence immediately after objection filed by respondent?

Also do I have right to apply for and receive the copies of the mediation and conciliation reports and other documents mentioned as submitted in his petition, at this stage?

Forget what stage the case is, if you dont want to be married, take mutual divorce, instead of wasting court time and your life.

sansh (not working)     18 January 2017

@samarpan sir, The mediation and conciliation were regular court procedure only. However, the concilators did not give a success/failure report. Instead they addressed the court and wrote a lengthy two page report against me. Hence I need the copy. In objection against original petition, I've filed a lengthy reply against each and every allegation. If he doesn't refute, doesn't it mean that he has accepted it?

sansh (not working)     18 January 2017

@samarpan sir, The mediation and conciliation were regular court procedure only. However, the concilators did not give a success/failure report. Instead they addressed the court and wrote a lengthy two page report against me. Hence I need the copy. In objection against original petition, I've filed a lengthy reply against each and every allegation. If he doesn't refute, doesn't it mean that he has accepted it?

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