mrgop (Owner) 02 October 2011

Difference between counselling,lok-adalat & settlement

What is the difference between Counselling, Lok-adalat and Settelement in family court? In my case, all these failed, i didn't feel any difference, and the evidence stage is in progress..Now, the judge again posted the case for for Settlement without any request from parties. Divorce filed from wife's side and rcr from my side. So, is it compulsory to attend it, or can i object dragging the case from court's side?

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(Guest)

Counselling is samjhana bhujana - telling you that why you should not break down, how you can make the current situation better. In this you stop following relief being sought from the court and in counseling is successful you both start co - habiting together.

Lok Adalat - is was of negotiation - aim is to compromise - you take care of other party needs and other party take care of your needs.

Settlement - denotes last stage of the compromise where you both agree to terms and conditions of compromise.

I do not understand how your case can be put in settlement mode. You can be give in writing on your next date that you are not interested in private settlement.

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Adv Aileen Marques (Lawyer) 02 October 2011

You may inform the judge that you want the case to proceed on merits. But if the matter is already kept before the Lok adalat for the next date, then inform the Lok Adalat that settlement is not possible and the Lok A. will send the matter to the regular court.

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Tajobsindia (Senior Partner ) 02 October 2011

@ Author

1. Is there any maint. being given to the girl from your side in FCA proceedings ? Well the meter is on if it is yes !

2. If she wants divorce and all three alternative opportunities to reconcile matter between parties have failed and there is no remote chance that parties will rejoin then keeping RCR is nothing but one upmanship in presented situation no matter whatever the cause between spouses may be, instead agree for divorce and get over with it anyhow if she fails to get divorce and you win RCR her stand will be still the same and then you wait of its execution till 1 year will be hanging and if she does nto rejoin even after EP then what after all these years of you first - me first stalemate situation!!!!

PS.: This reply is purely based on your this threads brief and I am aware you have been here regular but I hardly recollect knowing all your cases hence take above reply of mine only for this query. However you are best person to make a call in such situation where none is giving in a inch.