Query regarding family court settlement
Querist :
Anonymous
(Querist) 16 October 2011
This query is : Resolved
Can family court order/give date for settlement during evidence stage without request from both/any of the parties? Who will be the in-charge, counselor or judicial member, of settlement process? Do I have the legal right to object if petitioner comes with her relatives to support her during settlement? If settlement fails, will the whole conversation / points noted be sent to judge?
Raj Kumar Makkad
(Expert) 16 October 2011
If Presiding Officer find it appropriate even during the course of evidence to try for settlement then also it can be done as this process is neither in favor nor against any contesting parties.
If negotiations/settlement proceeding fails, no adverse inference is taken against either of the parties. No such record is sent to court by counselor except his report that conciliation failed.
Querist :
Anonymous
(Querist) 16 October 2011
Thank you makkad sir.
Sir, Is Judge and Presiding Officer same person in family court? If no, whats the role of Presiding Officer in deciding the steps in this case? As I have already filed RCR against her divorce petition, will court take adverse inference against me if i refuse to talk and ask the presiding officer to send it back to the court to decide it based on merit?
prabhakar singh
(Expert) 16 October 2011
yes!A Judge and Presiding Officer same person in family court and in other courts too.
Do not take it as a burden or as a panic.you should not deny to participate in as nothing against your wish shall be imposed on you during reconciliation,if you dis agree without any adverse impact the case will be heard on merit.
Shonee Kapoor
(Expert) 17 October 2011
1. During mediation/ counselling no records are kept.
2. If the mediation/ counselling/ settlement is successful a MoU is created to be submitted in court.
3. If the mediation/ counselling/ settlement fails, a remark is made on file - mediation failed, file remanded back to court.
No remark against any party is put on file.
Go with open mind and try to resolve the issue, prolonged litigation doesnot help anyone.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
