(Guest)

counselling findings and maintenance

Now almost invariably courts try counselling/mediation in matrimonial cases.Do the findings have effect on subsequent decisions? Let us say counselling fails in s.125 cr.p.c case. The possible findings of the judge are:

1.I have talked to the parties for reconciliation.Husband agrees but wife does not.

2.I have talked to the parties for reconciliation. wife agrees but husband does not.

3.I have talked to the parties for reconciliation. Parties are not ready for compromise.

Will the 3 different findings have different impact in further decision making,i.e., in deciding interim or final maintenance/

Reply Follow

7 Replies

(Guest)

Dr. Jogeshwar

Flip the question and think aloud, is it not "abuse of process of Court" in selected cases ?

(Guest)

@Prabhakar

What you say is true when counselorr/moderator is other than judge.Is it also true when the findings are by the trial judge himself/herself/

(Guest)

@Dr.Arun kumar

Will you please elaborate.

(Guest)

1 Sending estranged couples for counceling during S. 125 CrPC proceedings in which one spouse is misusing the provisions of due process of Law is a flip case scanario, called "abuse of process of court" or say FTP - one of the spouse failed to prosicute (the other but for counceling agreeing upon) with which many a cases (even in D HC / SC ) have been reported to be tossed out !

(Guest)

I am stressing on FTP (failed to prosicute) concept in say societal issue based Family Law not S. 125 CrPC where when in above when I mention "tossed out" ! You may have start thinking on lines of FTP and then may conclude showing inference on "abuse of process of court" is my concluding view on this topic. Others may have their opinion which they may express accordingly.