LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Taken for granted (housewife)     13 June 2014

When does family court directs for mediation

I could not go for first hearing of divorce case filed by my husband under section 13.I appointed a lawyer.He got order for adjurnment .In that order along with new date for appearance it is mentioned appear for reply and mediation.I was under the impression that mediation stage comes later after we have submitted our reply to the allegations put my my husband in his divorce petition.Please help me clear my doubts.



Learning

 4 Replies

sinuvasu (advisor)     13 June 2014

there is no time fixed for mediation and in majority of the cases the courts tried to get settle the issues outside the courts i.e before the mediator.not only in divorce cases there is also the provision to refer the matter before the mediator in restitution cases and also after divorce in mantainence  cases if both the parties agrees for outside courts settlement.

Adv.shrinivasulu

mob-9039278705


(Guest)

Its mere eyewash which the court does to the government. Government works on PILs filed, other social organisations which want the institution of marriage to survive in the society.


As those believe that its society saving institute.


Hence the courts refer couples for mediation which approach them for divorce.


But seldom do the courts understand the fact that when things turn sour so much, its better to part ways.


MAGISTRATES, JUDGES ARE not even bothered which case is running for how long.  Courts and judges ae mainly focused on piling up of maintenance money and so are the counsels to ask for retrieval of such money.


Nobody really cares abuot the couple's interests.  Its just a routine that they the courts send people for mediation and waste some more time in getting divorce.


Basic law of nature itself the courts dont understand, which is :  Time and tide wait for none.  Nobody is here with gauranteed period of time.  Within lifespan one has to live life and enjoy it.  The courts nor the government do not understand the value of time. simply asking litigants to roam to courts for 10s of years.


The govt too does not bother to appoint judges for cases to get disposed off early.


To top it lawless laws like 498a and DV act and no reforms in laws coupled with democracy side effects.


The litigant is pushed to a room for mediation.


Only saving face in mediation is you can bargain your price for freedom by paying lumpsum money as settlelment for getting mutual divorce.

Gautam Kapoor (IT professional Studying Law)     13 June 2014

well said by Mr.Helping Hand.

T. Kalaiselvan, Advocate (Advocate)     15 June 2014

The court can order for mediation on the next date of hearing after both parties appeared before it, filing of counter/reply is not a criteria to order for a mediation.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query