Divorce by mc
Account
(Querist) 25 August 2014
This query is : Resolved
Hi, We have filled for MCD in pune. I wish to know that whether counselling is compulsory or not? at the time of first motion court sent us to concealer where he just told us the process of MCD. We got a last hearing date after a month but not yet received any call or appointment date from counceler.
Devajyoti Barman
(Expert) 26 August 2014
In some courts especially in Family Courts the counselling is done in routine manner.
If date is told to you then attend the said date.
V R SHROFF
(Expert) 26 August 2014
DON'T WORRY,THEY MAY SEND TO COUNCILLOR ON LAST DATE....
Advocate. Arunagiri
(Expert) 26 August 2014
Only for the first hearing you will receive intimation, for the subsequent hearings, you have to follow the diary.
On the next hearing dates, the counselor will come.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 26 August 2014
Counsellor gives its report of reconciliation to court. If not agreed. Court will give next date of order. U may enquire in court
Account
(Querist) 26 August 2014
Thank you all for prompt reply. My one humble request to you. Can you please tell me if i dont follow for the date in the court also i have not received any communication from counceller in that case counceller can directly give the report that no reconcilation possible (Negative) between parties and divorce to be allowed? Thanks
malipeddi jaggarao
(Expert) 26 August 2014
That means you wish to avoid counselling. This is not proper. Attend counselling and express your opinion.
Devajyoti Barman
(Expert) 26 August 2014
Why are you so bothered about notice of counselling?
Attend the date of you know it.
Dr J C Vashista
(Expert) 26 August 2014
You are confusing the issue. If you have filed MCD, no further counselling will be there.
Account
(Querist) 26 August 2014
Thank you all. I do not wish to avoid councelling. I want clarity on issue of councelling in MCD. Mr. Vashista said that in MCD councelling will not be there! i thought in MCD also councelling is compulsory. Please clarify.
Account
(Querist) 26 August 2014
We have filled a petition for MCD in the month of april. Then got counceller appointment for june. In the month of june we signed in front of judge in court and court gave us date in month of october. on the same day counceler called us and told the process and asked us to give last chance also told that he will meet is for 2/3 hours and we to tell him what has happend. But after june we have not received any intimation from counceler reg meeting. Today as asked by one of the above expert i visited councelr then he gave me date in sept. Now my query is if i would not have visited his office and took a date
Account
(Querist) 26 August 2014
Then what would have happend? what report counceler would have given? Experts the thing is i have not appoited lawyer my husband lawyer only prepared joint petition. I do not wish to taken divorce but my husband is very keen and i tried all the ways to convinence him. SO just thinking ki some miracle will happen he dont divorce me. coz to be in marriage willingess of both require.we cants force him. :(Please reply
Account
(Querist) 29 August 2014
Please someone reply. Thanks
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
If you have been given an appointment by the counselor on some future date, you may attend it, but why did you go and ask him, now since you have asked him about the next date, what makes you to avoid attending the hearing on that date? As a matter of fact, for MCD,there is no need for counseling, however since you have already attended a session, it would have sufficed the local requirement, now since you went and asked for another date, you have to attend it.
Devajyoti Barman
(Expert) 31 August 2014
In 13B matters most of the courts do not send the matter for mediation.
