Mediation in matrimonial disputes
Ashfaq Hamid
(Querist) 05 December 2011
This query is : Resolved
Sir, please give any example regarding mediation in matrimonial disputes and how to mediate.
M.Sheik Mohammed Ali
(Expert) 05 December 2011
mediation nothing but counselling, one of the femal judge sit and ask your query and solve the problems.
ajay sethi
(Expert) 05 December 2011
once you file for divorce case is referred to meditation to help you resolve your differences . the report is then submitted to the court. if meditation fails then you can proceed for divorce .
Raj Kumar Makkad
(Expert) 05 December 2011
Mediation is made under section 9 of Family Court Act, 1984 and it depends upon court to adopt any mean of mediation.
Section 9(1) in Family Courts Act, 1984
(1) In every suit or proceeding, endeavour shall be made by the Family Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist and presuade the parties in arriving at a settlement in respect of the subject- matter of the suit or proceeding and for this purpose a Family Court may, subject to any rules made by the High Court, follow such procedure as it may deem fit.
Shailesh Kr. Shah
(Expert) 05 December 2011
Rightly guided particularly by Mr.Makkad.
M/s. Y-not legal services
(Expert) 05 December 2011
yes.. mediation is just counselling between the husband and wife/petitioner, respondent.,
its an attempt for settle the issue out of court., but there will not be judge., they are just social welfare members., you can be with them very free without court fear.,
Ashfaq Hamid
(Querist) 05 December 2011
Thanku all for your valuable suggestions
V R SHROFF
(Expert) 06 December 2011
Mediation process is to to setle the dispute amicably, peacefuly, understanding the reasons of misunderstanding, and an endeavor to solve it, so that couple can re-unite, or separate out peacefully, settling the matter.
It is neither to find out and report the court who is wrong or what is wrong.
Only report goes to Court is, whether mediation is successful, or it failed.
No details are disclosed, nor it s declared anywhere, and it remains confidential. It do not affect any of the court proceedings. . The mediator/ Councillor appointed by Courts in SD Districts, where thee are no Family Courts, can be any Sr. Advocate of repute, and offer his/ her services as mediator. It is not restricted to Female Judge.
Few Meetings app 2-4 for an Hour each are called at the interval of 15 days to one month, and may accompany in laws, to understand each other, and finally a Report is submitted to the concerned Court.
Shonee Kapoor
(Expert) 06 December 2011
In any matrimonial dispute it is a must for the court to effect mediation and try that the parties reconcile their differences.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PS: Don't worry, courts send for mediation multiple times on the request of either of the parties.
