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Jagjit   18 December 2017

Is counselling a must even after long period of separation

I have no communikation and we dont live together for over 10 years and marriage was not cconsummated and we lived together only together 10 days.

I had filed for divorce immediatrely after marriage, 10 years ago, but the judge decided that counseling is needed. I didnt go thru counseling as there was a threat on me by girls family if I appeared in the court. So the judge dimmised my case.

Since then we have fighting in DVC cou, filed by the girl only recently,  where all the lies told by the girl in my first divorce petition are coming out.

Now I am filing for divorce after 10 years again. I have two questions;

1) Will the judge ask for counseling again? Is couseling must?

2) Can I be exkused from appreance? Is physical appreance must?

 



Learning

 13 Replies

Vijay Raj Mahajan (Advocate)     18 December 2017

Mediation and conciliation process are most important in all cases relating to matrimonial dispute and Family Court as well all cases dealing such cases at any stage insist for this process before the case is taken up on merits.

As far getting exemption from personal appearance is concerned that is allowed but for certain process such as the giving evidence, the parties are supposed to be present in person along with their advocates.

You have case of divorce based on desertion for more than 2 years and cruelty, chances for getting it resolved in your favour based on the evidence you have in support but if there is settlement between both of you for divorce by mutual consent during mediation process the matter get resolved at the earliest.

 

Jagjit   18 December 2017

Thks Vijay Sir.

When does the counseling happen? First appreance or after the first appreance of both sides?

Our lawyer is thinking about making an appeal in the first appreance that I am not interested in counseling. Will that work or legally there will be another date where counseling has to be done?

Zameer   18 December 2017

You can submit application for counseling. Judge will review and if your wife agrees then only mediation will happen.

Vijay Raj Mahajan (Advocate)     18 December 2017

Mediation is compulsory process in the Family Court, no application to be moved by either party for the same. By all means that will be ordered by the Principal Judge of the Family Court . Your advocate may advise you anything, if he's not practicing in Family Court he can say anything to you, I know it that judge is bound by law and rules will go by those not by your lawyer's advise.

Jagjit   18 December 2017

Thks Vijay Sir.

So in the first appreance if I  apprea in person and say along with my lawyer that I am not interested in counseling, will the judge still insist for another date for counseling?

Vijay Raj Mahajan (Advocate)     18 December 2017

Do as you wish, judge will give you his mind.

Jagjit   18 December 2017

Thks Zameer. I am not interested in counseling. I want to apprea once and ask the judge for no counseling. But the girl has been misusing this counseling clause and stopping the divorce proceeding...to trap me on additional cases if i apprea in person. how to avoid this?

Jagjit   18 December 2017

Thks Vijay Sir.

I have to take a lot of hardship to go to this case from a far away place. I am also taking a risk for additional false cases.

If I understand you correctly, acording to you after the first appreance the judge will definitely ask for conuseling process. So I will have to go to counseling and make my case for divorce there. Is my understanding correct?

If I have to attend counseling then I will plan to sending my lawyer to avoid costs involved and avoid one less chance of risk. Would you suggest that?

Vijay Raj Mahajan (Advocate)     18 December 2017

Counseling is between parties not their advocates to settle the long matrimonial dispute amicably for either living together once again OR to move out by divorce by mutual consent. None is forced for either of these two situations and if both situations fail than regular divorce proceedings begin between the parties. This as simple as informed here.

A.Radha Sampath (Advocate)     19 December 2017

Though it is ten year separation based divorce case, Judge is bound to follow the law as laid down in the Family Courts Act. He may order for the same and you may try to manage your appearance through your lawyer as per the convenenience of both the parties.

A.Radha Sampath (Advocate)     19 December 2017

Though it is ten year separation based divorce case, Judge is bound to follow the law as laid down in the Family Courts Act. He may order for the same and you may try to manage your appearance through your lawyer as per the convenenience of both the parties.

A.Radha Sampath (Advocate)     19 December 2017

Though it is ten year separation based divorce case, Judge is bound to follow the law as laid down in the Family Courts Act. He may order for the same and you may try to manage your appearance through your lawyer as per the convenenience of both the parties.


(Guest)

Great advices.  Wonderful.


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