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socially backward (Social worker)     04 November 2022

Divorce advice

Dear Members,

Here the applicant filed a divorce case against the husband on the ground of desertion ,the case proceeded and Affidavit in chief of petitioner was submitted to the first track court in the district and cross examination of the petitioner started.Now,as the case is contested one ,if both the parties agree for divorce ,can the case be referred by the first track court to the Lok Adalat and be settled by the Lok Adalat first on concent divorce and finally confirmed by the present first track court where the case is being heard?

Is this procedure a valid one to get quick disposal of divorce case instead of going for a long process of contested one?

Can there be any complexity in such procedure of divorce?

Kindly reply,

Thanks in advance.

 



Quick Summary
This discussion explores the possibility of transferring a contested divorce case, initially filed on grounds of desertion, to a Lok Adalat for a speedier resolution via mutual consent. The original poster asks if this procedure is valid and can expedite the process compared to a lengthy contested trial. Advice suggests that if both parties agree, a compromise memo can be filed, or the current petition withdrawn to file a fresh one based on mutual consent, which typically resolves within six months.

 2 Replies

vijay sathya   21 November 2022

If the both the parties matter is simple, ask Husband to pay maitance and one time compensation. Further, you to filea joint comprise memo the issue is settled accordingly..

Advocate Bhartesh goyal (advocate)     21 November 2022

If both the parties are ready for divorce by mutual consent then withdraw the present petition and file fresh petition for divorcr on ground of mutual consent which can be decided within six months, 


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