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sai narayana   05 March 2016

Is reconciliation or written statement first in divorce 13.1

Family court judge ordered me to file WS within 7 days. I asked Reconciliation, she replied "after WS".

How can I object to it in my next hearing, through filing Memo? If yes, pls provide me a sample.

And also pls clarify, can I ask the judge in the same Memo to check the Vakalatnama of petitioner (petitioner said party in person, but one advocate is doing all the stuff in front of judge).

My FIL is making very defamatory comments against me just outside the court Hall (corridor). I complained to judge orally but of no use. Can I quote this too in the above Memo?

Pls guide me, it's very urgent. Thanks in advance.



Learning

 10 Replies

Nitish Banka (lawyer)     05 March 2016

You need to file WS as directed by the court and then ask for mediation and do reconciliation, draft a good WS, check your documents and annex with the WS

Warm Regards,

Adv. Nitish Banka

9891549997

ROHIT SHARMA (Legal Advisor )     05 March 2016

1. Do as directed by the Judge. You can file both the WS and a seperate application u/s 151 C.P.C. praying for delegating the case matter for mediation and counselling.

2. You can file the application for seeking mediation without the WS also. State that if mediation is done first the likelyhood for withdarwl of the petition is possible.

ROHIT SHARMA (Legal Advisor )     05 March 2016

1. Do as directed by the Judge. You can file both the WS and a seperate application u/s 151 C.P.C. praying for delegating the case matter for mediation and counselling. Oral request may not be acceded to immediately.

2. You can file the application for seeking mediation without the WS also. State that if mediation is done first the likelyhood for withdrawal of the petition is possible.

sai narayana   05 March 2016

I want to file WS later I mean after 15th of April, as it will completes mandatory 2 periods of desperation so that I can Divorce under 13.1(ib) in my counter claim along with WS.

b.goheel   05 March 2016

as it will completes mandatory 2 periods of desperation so that I can Divorce under 13.1(ib) in my counter claim along with WS. "

fail to understand ur strategy. i thank u to elaborate it, if u seem fit.

sai narayana   06 March 2016

It's Desertion, not desperation (typo error)

b.goheel   06 March 2016

fail to understand hw senior on this forum can guide u since frm the begining there is no mention of present section of petition is filed in ur query and thn
" as it will completes mandatory 2 periods of deseration so that I can Divorce under 13.1(ib) in my counter claim along with WS. "
not only layperson like me bt experienced person may confuse.
 

sai narayana   08 March 2016

my wife filed divorce petition under under cruelty grounds 13.1.(ia).

I want to file counter claim divorce under section 23A of HMA under cruelty and desertion grounds.

ROHIT SHARMA (Legal Advisor )     08 March 2016

1. So on the next date of hearing file one interim application u/s 151 C.P.C. for seeking mediation. 

2. Also one another interim application  u/s 151 C.P.C. seeking permission to grant extension to file WS citing the reason that at you  need some more time as you will need to enagage an advocate for such purpose (eventhough you may your self prepare the WS  but mentioning this reason in the application for engagaing an advocate will satisfy the court for granting an adjournment for to file WS). This then will take care of the mandatory period of two years desertion that is required u/s 13(1)(i-b) of HMA. Request that such adjourmnet date be given after 15th April 2016.

3. Yes, u/s 23A of HMA you can file a counter claim and seek relief for dissolution of the marriage u/s (1)(i-b) of HMA on grounds of desertion in the WS itself.

4. But be sure that you attend the next date of hearing.

5. In case you need to have more deliberation on such point you can opt to have phone consultation with me provided that you are willing to remunerate a moderate sum of rs. 500.00 for such purpose.

6. You can have get my contact details by clicking my name shown in the margin of this reply format.

 

 

 

sai narayana   08 March 2016

Dear Rohit,

As the distance to court from my current residence is more than 800kms and also the opposition lawyer using influence to get short dates, So I engaged a lawyer from there to attend from next hearing onwards.

Regarding W.S. first or Reconciliation first, there are several judgements quoting Reconciliation first under 23(2) of HMA 1955 and 9(1) of family courts act 1984. But no lawyer is willing to oppose the judge in the court where my case is going on. No lawyer in that area well versed with sections, but i was forced to engage one reluctantly because of distance and to avoid direct face to face confrontation with my in-laws.


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