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Simp (Engineer)     09 September 2009

maximum counselling sessions


My wife filed for DV and me for RCR in same family court. Both cases posted for counselling on same dates. I was absent in all last three sessions. If I'm not appearing in next sessions also what will happen? Will court cancell couselling and proceed to trial? If it happens so will it adversely affect my side in future? How many chances will court give for counselling if one party is absent always? plz help.



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 3 Replies

Adv. Deepak (Advocate)     09 September 2009

Counselling is an intermediate stage.  Whether there is any possibility of reunion or if not, whether both the parties agree for mutual consent divorce on the terms and conditions mutually agreed, is the only point which counseller checks from both the sides.  If you remain absent for counselling, the counseller will not understand your version of the story; also you will lose an opportunity to get the matter settled amicably.  The possibilities are counseller may ask for more time from the court, or send his report that you are remaining absent and hence, matter cannot be settled and may be tried.  If you feel that the matter be solved amicably, it is always better to remain present before the counseller.  If you do not want to avail an opportunity for amicable settlement, and wish that the court decide the matter on merit, then you may mention it before the court.  ddkharpudikar@indiatimes.com

Simp (Engineer)     09 September 2009

 Thanks Deepak. I've one more query that as she is appearing all counselling dates will she be getting/availing individual counselling? or the counselling will be conducted only if both paries are present?

If I say everything to the counsellor in joint counselling, will she get to know how I'm going to present the case in court during trial and all points that i plan to project? So, will it help her and her lawyer to beat me in trial sessions? I'm sure that she wont be open in counselling as she filed for Divorce. plz help

Jaswant Singh (Lawyer)     21 September 2009

Dear

There is no fixed procedure for counselling, however generally the counsellor will talk both the parites individually and then jointly. There are number of session for counselling depending upon the graveity of problme and the desire of parties to solve the problem. Counsllor will try to find out the solution on the basis of both of yours discussion and suggestion which are agreeable to both of you

Conuselling is totally confidential and can not be used in any court proceedings. None of the parties can used any discussion or information sought or given during the cousnelling session. The point is to allow both the parties to discuss their problems openly and bolding and do not suppress any information. I would suggest that you must join the session with your lawyer so that he will know the facts which can not be used by other party during trial

You may talk at my mobile 09810350712 or jsrobort@yahoo.com


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