Mediation and court order

Venkat Ramanan C (Querist) 26 August 2024 This query is : Resolved
I have filed contested divorce and in mediation my wife also agreed for divorce. No terms mentioned regarding whether it’s mutual or contested. Even my advocate said that it can be discussed outside not in the mediation Center.

Now my wife side is asking for mutual divorce, shall we not get order on my contested divorce application based on mediation report?? My wife side advocate is asking to withdraw current petition and file mutual consent divorce. I’m not okay with mutual divorce. Whatever agreed in mediation Center is on current petition right?

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This discussion explores the complexities of divorce mediation when a contested divorce is filed. The user agreed to divorce during mediation but is now facing pressure to switch to a mutual consent divorce, which they are hesitant about. The advice clarifies that a mediation agreement on a contested petition can lead to a divorce decree based on the original grounds, not mutual consent. It also highlights the potential financial implications of a contested divorce and advises reviewing mediation documents for enforceability.

kavksatyanarayana (Expert) 26 August 2024
Did the court issue the orders or not on the contested divorce petition and mediation agreement?

Venkat Ramanan C (Querist) 27 August 2024
No not yet, Just mediation is done. Waiting for the next hearing. The judge asked to advance the hearing and Judge said that on the same day everything can be completed (I guess he meant the current petition, as there is no discussion or agreement for mutual), but my wife's advocate is asking for mutual divorce by not pressing the current petition.

Venkat Ramanan C (Querist) 27 August 2024
Unknowingly closed, hence reopening the query

T. Kalaiselvan, Advocate (Expert) 27 August 2024
If you want to file mutual consent divorce then you may have to withdraw the contested divorce petition and file a fresh petition on the grounds of mutual consent divorce.
If she is accepting to submit to the decree as prayed for ion the contested divorce petition, then a formal evidence form both the sides will be recorded by court and the divorce will be granted as prayed for, but the grounds for divorce will be cruelly and not mutual consent.

Ramanathan G (Expert) 29 August 2024
Please reproduce the documents prepared during Mediation, to assess enforceability.
Threat, fraud and undue influence is a ground.
Contested divorce will result in you will have to pay Maintenance pendente lite each month and if u fail to pay, your case will be adjourned sinedie. Thus MCD is advised.

T. Kalaiselvan, Advocate (Expert) 30 August 2024
You may proceed as suggested if you are really serious to get a solution to this problem

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