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kulD (xyz)     31 July 2013

How to get access to counselling session reports

Hi All,

 

My MCD's first motion had been done in April this year and second motion is due in October. But I have my doubts if my wife would give me divorce. As she just wants to let me down and stretch this useless chain of events to the last point. So I'm wary of few things till the second motion is over.

I filed for RCR last year for which judge ordered few conselling sessions. During those sessions, amid many things, my wife said she isn't s*xually satisfied with me. And the counsellor included this point in her report which she submitted to the judge. I'm confident as the judge himself read out that report to us in his chamber. Due to certains reasons which would help me in future, I want that report's copy. Can someone please tell how can I get access to this report?



Learning

 4 Replies

Tajobsindia (Senior Partner )     31 July 2013

1.    Mediation / Counseling reports are not meant to be shared with parties. Parties cannot get access to such reports otherise such quasi proceedings will hold no value and spirit behind holding such quasi proceedigns will loose in eyes object and intent of Family Court Act PERIOD. I donot subscribe to next repliers opinion at all.

2.    If your wife express her lack of bedroom satisfaction from you even if you get copy of report it is still going to go against you if used in future or currently. Bluntly reiterated donot ever use such bedroom dissatisfaction facts (allegations) of wife in court prroceedings as such it is not ground a husband uses in any cases.

3.    Further once parties file MCD and cross over First Motion stage it is conceived that husbands RCR becomes ‘infructuous’ so how on earth you plan to rake old wounds again when parties First motion is already thru?  Convince me and then there I take this sentence back J

4.    Now, if you fear she may extend or is deliberating on it i.e. for Second motion then the Act itself says 18 months. Hence you should have patience till 18 months elapses. However if there were some give and take and post or pre First motion you fulfilled those conditions then you can make her appear and give her second Motion statement which is what rule of Law in similar facts acts one side to prompt on.     

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 July 2013

The Inquiry Officer should take into consideration all 
the circumstances and facts of the case, as a rational and prudent man, and draw 
his conclusions as to whether the charges are proved or not. Ask your lawyer, it can be provided.
1 Like

kulD (xyz)     31 July 2013

@Tajobsindia

pt#2 : How does the aforesaid point not beneficial if the husband is in interest of the divorce? Whatever wife is saying is not gospel's truth. While you may try to determine truth of other said facts like dowry, physical abuse etc., how can you determine if the husband can give s*xual satisfaction or not? Even when this is proved that the husband is not impotent as the couple has a child and the wife was 3 months pregnant when she left her matrimonial home. And during all the events later in CAW cell, courts etc., the wife and her family always maintained the child is of the husband only which is the truth. And they couldn't have afforded to lie here as it would have gone against them only. Now what is there for the husband to lose? His social status when it is already given the statement can't be concluded to logical yes or no.

 

pt# 3: RCR was withdrawn by me last yr only as the wife gave her statement she doesn't want to reside with me. Also I didn't want to pursue it further so as to ask the judge to determine the truthness of the facts submitted by my wife as myself was not very keen on living with her. More so when the things are not resolved at all levels legally and socially. I don't want to leave the situation half solved. Now the thing is I only want to make things difficult for my wife when she would have to eat back her words (said agianst me ) before the court even after expiry of the said 18 months and whenever she is ready to come back after that.  And so she herself would declare that I'm clean while she is rotten.

 

pt# 4: What would happen if my wife doesn't appear for the second motion? And next period of one year is also over (6 months already passed by ). MCD would become null and void, right ? And then what would happen? I'd never ask her to come back again and she wouldn't come back till I drop on her feet. And I won't even file for contested divorce. So I want the material ready if whenever she herself asks me to take her back. I would then confront her with many questions alongwith this one (i.e regd s*xual satisfaction).

 

Please point out wherever I need to corrected.

 

Thanks!

 

kulD (xyz)     31 July 2013

@ramachary64

I've had very bad experiences with the lawyers. They always sided with my wife and her family and tried to harm my case in they couldn't succeed fortunately. Anyways the thing is now I'm pursuing my case myself. can you please now tell how can I get the report's copy?


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