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Simp (Engineer)     17 June 2009

Is counselling manadatory in DV case?

My married life lasted only one month, and wife filed DV petition two months after marriage. Only my advocate, wife and her advocate were present for the first hearing in last week, and court fixed counselling date on August. My doubt is if I continue to be absent in counselling sessions, can court cancel the counselling and proceed to next step ie. crossing etc.? I want to avoid counselling and want to proceed the case. If counselling is not mandatory, how many chances the court will give me to avail it? Can my absence in counselling weak my side in future proceedings? plz help.



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 7 Replies

kirankumar (Part time Employee/ student of BL)     17 June 2009

Absence in counseling may weak your side. No need to fear. Counseling is done in the view to rejoin the couple. If you continue to be absent in counseling sessions, court will proceed to next step. There is chance to Misunderstand you for neglecting the court order

kirankumar (Part time Employee/ student of BL)     17 June 2009

Absence in counseling may weak your side. No need to fear. Counseling is done in the view to rejoin the couple. If you continue to be absent in counseling sessions, court will proceed to next step. There is chance to Misunderstand you for neglecting the court order

adv. rajeev ( rajoo ) (practicing advocate)     17 June 2009

I agree with Kirankumar

Kiran Kumar (Lawyer)     17 June 2009

well friend,

we dont know why ur marriage lasted for such a little time.

as far as litigation is concerned, every court has a duty encumbent upon it help out the couple in the dispute before taking any furhter step.  the purpose is to save the marriage.

dont skip the counselling session, even the judge can not compell u to enter into any kind of compromise.  no force will be put upon u.  its a part of their duty to save the marriage first.

if u ll not be attending the counselling sessions the adverse inference may be drawn against u....u conduct will be noticed at every step and judge may get a negative image of u.

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     18 June 2009

I fully agrre with Mr.Kiran Kumar. He has given very impressive repy.Thanks


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE DIVORCE CASE AND COUNCELING KINDLY NOTE THAT

1.DIVORCE CASE IS FILED UNDER SEC.13 OF HINDU MARRIAGE ACT. IT IS FILED AS PETITION AND IS A CIVIL DISPUTE.

2. ONCE YOU FILE THE MATTER NOTICES WILL BE ISSUED TO THE OTHER SIDE .

3.THE OTHER SIDE WILL FILE THE SAY ON YOUR PETITION.

4 BUT COURT MAY  FIX A DATE FOR COUNCELING .THAT IS TO SORT OUT THE DIFFERENCES BETWEEN HUSBAND AND WIFE.KINDLY NOTE THAT MANY DISPUTES ARE JUST FOR MINOR CAUSE.AS YOUNG COUPLE IS NOT USED TO TOLERATE ANY OTHER PERSON DOMINATING , AND PERSONAL EGO  IS THE MAIN CAUSE OF DISPUTE.

HONOURABLE COURT WILL TRY TO COMPROMISE AND RESOLVE THE DISPUTE  BY COUNCELING AND IN CASE BOTH THE PARTIES ARE NOT WILLING TO COMPROMISE THEN USUAL COURT PROCEDURE WILL BE. FOLLOWED.

KINDLY NOTE THAT WIFE MAY ASK FOR MAINTAINENCE UNDER SECTION 24 OF HINDU MARRIAGE ACT AND COURT WILL ALLOW THE SAME.

HENCE I SUGGEST IN CASE YOU CAN COMPROMISE THE MATTER AND SORT OUT THE DIFFERENCES IT IS MOST ADVISIBLE IN YOUR OWN INTEREST.

WITH BEST REGARDS.YOU MAY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

 

 

Simp (Engineer)     19 June 2009

"KINDLY NOTE THAT WIFE MAY ASK FOR MAINTAINENCE UNDER SECTION 24 OF HINDU MARRIAGE ACT AND COURT WILL ALLOW THE SAME."

I had filed RCR, without knowing wife had already filed DV petition, before receiving DV notice from court by registered post. So, will the court take RCR filed by me as after thought decision in this context?

I've already filed RCR, and they can't prove the silly allegations like I've mental problems etc. in DV petition as I dont have any such problems. In simple, the allegations in DV notice can't be proved by wife at any cost and I'm ready to take her back. So, in this case will the court direct me to give maintenance if wife ask for? And on what ground she can ask for maintenance when its clear that there is no serious reasons for separation and i'm always asking her to come back. plz help.


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