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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     28 November 2021

Waiving off the compulsory mediation

Family courts refers the parties for mediation in both contested divorce cases and Mutual consent divorce cases.
Can this be waived by the court in exceptional circumstances.


Learning

 2 Replies

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR)     30 November 2021

Mediation might facilitate a  last chance for parties to reunite. More often than not this became a routine formality. 

Mediation will also contribute for additionaol platform for the departing couples. This migdht in few cases 

result in changing their mind and repent for good.

dr vedula gopinath   arbittrator

Anaita Vas   30 November 2021

Yes, the cooling off period before divorce can be waived. 

Such a waiver can be considered if: (i) the statutory period of six months specified in Section 13-B(2), in addition to the statutory period of one year of separation of parties under Section 13-B(1)  is already over before the first motion itself; (ii) All efforts for mediation/conciliation to re-unite the parties have failed and there is no likelihood of success in that direction by further efforts; (iii) the parties have genuinely settled their differences including alimony, child custody or other pending issues and (iv)the waiting period will only prolong their agony.
 

Regards,

Anaita Vas


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