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Ajay Misra (Chartered Accountant)     18 September 2009

Counselling in a divorce matter

Hello friends

In a divorce matter by mutual consent, a counselling session is supposed to be attended by both the parties.  What is the necessity of such a proceeding and  is such a session compulsory ? I would be obliged if one of you could enlighten me on the issue. Thanks very much.



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 12 Replies

saumit joshi (advocate)     18 September 2009

court's first try is to resolve the dispute between the parties and try to possible best way to settle their issue by compromise and if no compromise arise between parties than after divorce decree pass. so counseling session is for the amicable settlement between parties.

Ajay Misra (Chartered Accountant)     20 September 2009

Dear Prabhakar, thank you very much. Is it possible to waive the counselling if both the parties agree ?

Ajay Misra (Chartered Accountant)     20 September 2009

Thanks for your reply, Saumit.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     20 September 2009

It depends upon state to state and court to court. In some states the rule of one year is strictly followed but in some states like banglore etc., time is waived off usually. Also depends upon your mutual consent and your counsel.

Regards

adv.kamal.grover@gmail.com

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     21 September 2009

Dear prabhakar, our associates have made the divorce within one month in banglore but it is not possible in chandigarh. thats why i request about state.

adv.kamal.grover@gmail.com

Jaswant Singh (Lawyer)     21 September 2009

Divorce is only in exception circumstances is the law applicable in our country. The Hon'ble Supreme Court of India has ruled that the divorce decree can not be granted as a routine. Even recently the SC held that only SC has power to grant divorce decree in case of irreveratable broken down of marriage. In judicial proceeding, like any other stage, reconciliatoin is one of the stage wherein the Presiding Judge talk both the parites either in chamber or in open court directly with a view that both the parties live happliy but in most of the cases reconciliaton fails and thus resulted either for mutual consent divorce or figting the case on merit. Reconciliation is an efforts to remove any misunderstanding between the spouses. The Presiding Judge act as a meditator and all the proceedings are confidential and can not be used in any court proceedings with a view that the parties can speal openly about their grievances.

The best and esay way to legal separation is by way of mutal consent as there is no allegation or counter allegation and the settlment betweent the parties can not be challenge in any court. However this must be used only when the life between the spouse have became miserable and both have lost complete trust and confidence

somesh kumar (prop)     23 October 2009

Divorce from mutual consent is best to make life fruitfull, otherwise life will spoil only in contested cases

Jehpatel (Manager)     06 November 2009

Originally posted by :saumit joshi
" court's first try is to resolve the dispute between the parties and try to possible best way to settle their issue by compromise and if no compromise arise between parties than after divorce decree pass. so counseling session is for the amicable settlement between parties. "

What will happen if husband wont end the counselling ( husband is the petitioner) as he dont what to face the drama of the wife , 

Prakash (executive)     04 December 2010

I got married in feb 2009 and lived together with wife for 14 months, now my wife required divorce, due to misguidence from my motherin law.  she was not agree for mutual divorce. i feel she will move for settlement after getting divorce degree, how to manage. please guide me.

i like to live together still, if not i am ready to give divorce without settlement.


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