c. shah... (Service) 20 June 2014

Mediation/conciliation in cont. divorce

Husband and wife both is Hindu. Wife filed divorce petition u/s. 13(1) (ia) in family court through power of attorney holder. Wife is in foreign country. Husband has to file reply statement in family court on next date. Husband wants to sustain marriage life. He wants to go for mediation/conciliation procedure.
1. Does family court itself order for mediation/conciliation between parties in next hearing? OR Husband has to grant permit from court to order for mediation/conciliation?
2. Can husband request to court to order for mediation/conciliation procedure before filing reply statement OR husband has to file reply statement first and then after request to court to order for mediation procedure?
3. If petitioner wife not present in mediation procedure what action can court take in this case?
4. Does the mediation procedure in divorce case is mandatory? Can court avoid the mediation procedure in contested divorce case? If ‘yes’ then in which condition court avoid the procedure of mediation between parties in contested divorce case?

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2 Replies

Laxmi Kant Joshi (Advocate ) 20 June 2014

Yes in the next hearing court itself send both the parties for meditation , if another party not attend the hearing then next date will be given , you can give in your ws that you want to sustain your marriage & you don't want divorce.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney) 20 June 2014

I wish to add some more points to the above reply by Sri. Laxmikant Joshi-

Well the court can send both the parties for meditation upon request, however, both must be present before the Court. If opposite party do not attend the hearing then you can file your written statement saying that you want to sustain your marriage & you don't want divorce. Further mediation is one process, that the Court allows the parties to go for it at any juncture during the pendency of the case, however, both should be willing to go for it.