Reconcilation question

1. Reconciliation is purely a voluntary first procedure of the Family Courts instructed to spouse to attend to.


2. If you have filed for Divorce then you may refuse for such reconciliation during the procedings before the counsulor(s).


3. There are no Q & A type proceedings during reconciliation. It is purely a procedure to reconcile 'differences" between spouse to come out from it and start living together. However you may stick to para 2 if that is what you want out of the marriage.


4. In some cases to seek divorce if wife has filed one she may give money to husband to come out quickly out of the bad marriage when her youth and prospect of re-marriage are inviting choices and there is no hard and fast Rule in spousal world read with Indian Courts that it is only a husband who shall pay money to his wife who has filed divorce on him to get out of the bad marriage ! It is purely a first movers out of the situation chance situation which needs to be grabbed on first availabel opportunity. However if this is not possible at all then stick to your facts / grounds of divorce and prove them to be silver quality to get decree in divorce proceedings come what may come (means how many years / dates it takes to seek contested divorce) as the above suggestion is a mid way out for quick divorce if desperation out of the bad situation is your pressing call of the day.


5. A contested divorce case runs in Family Court on an average 3 to 4 -1/2 years as national average provided if other spouse is regular in Court attendance and no appeal / review filed by either party to interim orders and are also subject to concerned Courts backlog of cases in hand!.  A contested divorce can be compromised and converted into MCD which quickly runs over with in 6 months after mandatory 'cooling period' and if you want a quick way out then may opt for converting divorce suit by first withdrawing it as dismissed and then jointly filing a MCD Petition with a jointly executed Agreement / Compromise Deed to get over with all the mess once for all quickly.  

If you are certain about the grounds for divorce with proof,refuse further reconcilliation,and on report of the  C'lor  the matter will be kept for hearing,but it will take so many years also so you have to prepare for the same with solid grounds and witnesses.

Dear Tajobs Sir,

Reconciliation is compulsory process in HMA cases.

Whether the court assisted or by mediation center.

Attend reconciliatory proceedings and re-iterate your stand.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@ Ld. Brother Shonee

1. I half agree to word "compulsory".
Reasoning: In several cases before Hon'ble SC when appeal admitted Hon'ble SC said "reconciliation" order / efforts by Court not done which is spirit behind HMA, 1955 and or FCA, 1984 !


2. It can never be "forced" upon two spouse before HMA / FC and can only be "suggested as efforts of the Court so far as possible"  - "as number of efforts of this court in binding (reconciling) spouse resulted into failure kar key...
Reasoning: If one spouse is not willing for reconciliation but 'pressing' for prayer no matter come what then even Court shows its helplessness but mentions such helpnessness on days Order Sheet when such "efforts of HMA / FC undertaken".

However I agree to your wisdom.

Tajobs Sir,

You would also have noticed in few cases, where the HC has remanded the case back for fresh re-trial based on the same,

Unless the Hon'ble Judges write, "Reconciliation efforts done, failed", it is open to challange and risk.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com