Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RAM (engg)     25 September 2013

Mediation for settlement...

My divorce case filed under 13(1) (ia) of the hindu marriage act by contesting has came to trial in last week the judge has forwarded to mediation for settlement...

I have some doubts thats I want clarify please...

 

1.) If settlement has arrived by mediation is it equal to divorce by mutual consent?

2.) If settlement has arrived by mediation the order can be passed immediately or it will take any time?

3.)If settlement has arrived by mediation the order can be passed based on the case filed under 13(1) (ia) of the hindu marriage act by contesting can pass the order or we can fill under 13b mutual consent petition?

4.) If settlement has arrived by mediation and the order has passed based on that settlement, is it any waiting period for remarry?

5.) Please specify any other aspects I have to follow carefully in this regard

 

thanking you

with regards

ram



Learning

 6 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     25 September 2013

Settlement in mediation mean restore your married life ! He you want divorce mediation will not helps you!

(Guest)

it all depends on what are the terms of settlement.


if you have agreed to pay her money in lumpsum it will be on 2 dates or 1 date.

1.  First date you pay half, second date you pay rest half.

2.  Pay her in full on first date itself.  get divorce decree on second date.



RAM (engg)     25 September 2013

May be no cash only property has to be given in settlement

RAM (engg)     25 September 2013

divorce in contest is in trial stage judge refered to get settlement thru court mediation she has accepted...

T. Kalaiselvan, Advocate (Advocate)     28 September 2013

Mr. Ram,

Mediation is the platform wherein the settlement amount/property and the conditions to be complied thereon, shall be finalised, therefore on mediation it has been agreed to expunge the allegations against the respondent, the judgment though will be made under the original provisions as was applied for, it will be devoid of the allegations should that also be a condition as agreed upon during the mediation besides other conditions.  Thus, after judgment, the statutory  waiting period for re-marriage becomes automatically applicable.

Shiva......... (owner)     29 September 2013

I feel mediation is waste of time in 13 A if its not working out. I have attended 6 session of mediation with my firm decision to end this relation. But court will not let it go so easily.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register