Upgrad LLM

counselling


Dear All,

We filed for mutual divorce on 22nd april, 2010 at the family court. My next date is 2nd NOV 2010. I got to know that the judge is making counselling mandatory , thus i will be wasting 6 months till my final decree. Kindly suggest how i can avoid the counselling so that the divorce takes place on 2nd Nov.

 
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Practicing Advocate

 

The court sends for counselling as an attempt of reconciliation. The 6m period is given for making reconciliation attempts only. However, if no reconciliation happens in the counselling sessions and the husband and wife moves the 2nd motion after the 6m period, then the court grants divorce.


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I am a Law Graduate and Practicing as a lawyer in Maharashtra Sindhudurg District Since Last Three Years My one client want to marry with his Mothers Sister"s Daughter Both are Hindu ............... What advise I should give them I am confused that they are in Prohibited Relation or not I confused because  I have seen in Maharashtra Son of Sister and Daughter of Brother marriage is regular. Is it possible for them to marry What Should I Advise Them Please Reply

 
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Practicing Advocate

Desai ji, this marriage is not permitted under law and it shall be void as the parties are in prohibited relationship. I know in maharashtra sister's son and brother's daughter can marry, but there the marriage is valid because there is custom to support it, i.e. such marriage is permitted by custom, so it is valid under law. But there is no such custom by which a boy can marry his mother's sister's daughter in any caste in maharashtra. So such marriage shall be void.

 
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Software Professional

But in sikh religion, I have seen marriages like that. I mean I have seen 2 sisters having married there children with each other. I mean Boy or Girl can marry there Massi's (Mother's sister)  daughter or son.

 
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Practicing Advocate

 Desai ji has stated that the parties belong to hindu religion. So, the customs prevailing in the caste of the parties shall apply. So far as I know there is no such custom permitting the marriage between children of 2 real sisters among the hindus in maharashtra.  So, in the absence of any such custom, such marriage is void under the HMA. If there is any such generally prevailing custom in Sikh religion then, such marriages are valid in that perticular community only.

 
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Then why am i being put to counselling on 2nd november, which is 6 months after filing. Kindly suggest how this can be avoided?

 
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propra

@Family,

Are you saying       'why not to finish-off councelling session within first six months?' is that correct.?

Your demand is perfectly valid.

The councelling dates are given by the councellor. The moment you file any petition and appear in front of court, first thing that happens is  the appointment of the councellor and adourning the case to next date.

Go to appointed councellor and ask the earlier dates ask them to prepare the report before the next date in Nov. You both need to go there and attend councelling.

 


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There was no interaction when we filed the petition. We were simply told that our next date is 2nd nov & on that day the judge will appoint a counsellor then counselling will take place and the report will get submitted after 2 months which will be the date when the judge will go through the report then they will give another date after 2 monthe & then teh judge will grant divorce. Kindly advice how i can avoid counselling or if counselling is mandatory then how can i avoid such a loss of time can it not happen the same day as on 2nd Nov or the next day. We have been satying separate since Nov 2008.

 
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Thanks Madam,

 
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