Gunjan 24 January 2021

Mutual divorce

We appeared in court and judge asked if we want to go into mediation. We said yes as per our lawyer. But we both have already settled everything and we just want to get divorced as soon as possible. Did we do the right thing by asking for mediation even though we both are fully determined to get a mutual divorce with no pending disagreement or settlement? Both of us just need a quick divorce. What are the next steps once mediation report is prepared and signed? How many apperances we need to make more and how long the process can take from here? Can I get an advice from any of you experts in this fourm that may help expedite this process.

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4 Replies

175B083 Mahesh P S 24 January 2021

Hello,

Going for meditation wasn’t a mistake, I know you want a divorce that bad, but sometimes there’s more to the eye, than what can be seen and meditation can help one see that. Nevertheless its not difficult getting a mutual divorce considering both of you want, unless one of you feels otherwise post mediation. If you both want it exactly how you describe of it, then rest assured you’ll get divorce.

Section 29 (2) of the Special Marriage Act, 1954.

Unlike the adversarial system in which the competing claims of parties are represented by legal representatives who have interest in the outcomes of dispute, in matrimonial and family matters, it is important to visualize and analyse the underlying interest of the parties, no matter however diverse may be their positions. It is the skill of the mediator to facilitate the parties to try to arrive at an amicable settlement.

Kindly go through the article below for more input:
https://www.lawyersclubindia.com/articles/mediation-clearing-the-minefield-of-matrimonial-disputes-10115.asp

Thank you

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Real Soul.... (LEGAL) 24 January 2021

If you are already decided and there is no hope of any spark , then why you choose to consume more time in nothing. YOu made already a mistake ans your lawyer appears to drag the litigation. You were done, but now half done.

Just submit mutual divorce application and finish the matter.

SHIRISH PAWAR, 7738990900 (Advocate) 24 January 2021

Hello,

Your divorce application is already pending before court and judge has ask for mediation. But as stated above you both agreed for mutual consent divorce then it is better you to immediately instruct your advocate for preparing and filing mutual consent divorce petition. Mediation in your case will waste your time. Infact there is no need for mediation now.