Counselling before nullity of marriage
R K Kumar
(Querist) 23 January 2014
This query is : Resolved
My wife & I got married under the Hindu Marriage Act in Kerala.
Now my wife has filed a petition in the Trivandrum (Kerala) high court to declare the marriage null and void as the marriage has not been consummated.
I have been living outside India and hence I hired an advocate in Kerala and gave the Vakalat and an affidavit confirming that the marriage was not consummated and stating that I had not objections to her request to void the marriage.
The judge has asked both of us to go for counselling in late February and set the next hearing date for April.
My question:
1) Should I go for counselling in India (Is it mandatory to get the marriage voided)
2) Is it possible to get the marriage voided without attending counselling (I need to spend a lot of money and time to travel to India for counselling)
3) What are the options available to me as I want to finish this marriage as soon as possible.
Thank you for your time and assistance
Kumar
Devajyoti Barman
(Expert) 23 January 2014
1. It is at your option. There is no gurantee that counselling would yield desired result. If you want the marriage to be declared null and void too, then you can give your consent from abroad as well.
2.yes
3.refer my point 1 above.
R.K Nanda
(Expert) 23 January 2014
in ur case no need for counselling.
V R SHROFF
(Expert) 23 January 2014
HC strictly instructed all Judges to refer the matter to councillor and get Report , before proceeding with MJ Matters.
So it is procedural.
Your case is suspected collusion to get quick divorce. [ On payment , being foreign income for quick divorce in collusion] So Judge will not take any risk..
ajay sethi
(Expert) 23 January 2014
you have to attend counselling . objective being to save the marriage . comply with court directions .
R K Kumar
(Querist) 23 January 2014
Thank you everyone for the detailed reply. There seems to be some difference in legal opinion here so I will ask my questions more clearly.
* Since I am living overseas my first preference would be not to come to India to attend the counseling.
* However I do not want to cause any delay as I would like to finish this issue as soon as possible.
Given the above what should I do? That is:
a) Should I come to India for counseling OR
b) How could I legally get the marriage declared null and void without attending counseling?
c) What is the correct legal process for not attending the counseling but to get the marriage null and void
d) What will the judge do if I don't attend counseling
e) What will the judge do if my wife doesn't attend counseling (My wife is working in Bangalore so she may or may not come for counseling as she may not be able to get leave
Sorry for asking so many questions and I thank everyone for their time and prudent advice
Regards,
Kumar
adv. rajeev ( rajoo )
(Expert) 23 January 2014
referring to mediation is part of the procedure. It is not mandatory to attend the mediation/counciling.
Devajyoti Barman
(Expert) 23 January 2014
I repeat what I have already advised.
If any party remains absent then case would be posted for counseling for another round unleds such party given any instruction in writing like not participating in it further or acceding to the demand of the pother party.
Shonee Kapoor
(Expert) 23 January 2014
I agree, that there is no need to attend counselling, you can send the same in writing to the counsellor.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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R K Kumar
(Querist) 25 January 2014
Thank you everyone for your expert advise.
In summary the consensus here is that I need NOT to personally attend the counselling session and I should submit my position in writing to the counsellor via my lawyer.
If the above is not correct please advise me. I would also welcome any tips or advise to speed up the entire process.
Thank you very much.
Shonee Kapoor
(Expert) 25 January 2014
Yes, you have understood it correctly.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
Devajyoti Barman
(Expert) 25 January 2014
welcome..you c an post further if you need more advice on this.
R K Kumar
(Querist) 03 February 2014
Thank you again for all your valuable help.
My lawyer met the counsellor in person and expressed her desire to submit my position in writing to the counsellor. However the counsellor at the Kerala court has said that he is not supposed to accept any written submissions from either me or my lawyer. Is this correct? What is the correct procedure to submit a written statement to the counsellor.
What should I do?
ajay sethi
(Expert) 03 February 2014
oral statements are made before counselor . the objective of counselling is to save the marriage . if you have stated that marriage cannot be saved and your wife has also expressed similar opinion counselor will submit its report to the court whether counseling has succeeded or failed .
Devajyoti Barman
(Expert) 04 February 2014
Counselor is right as he converse with both parties in person and gives it report.
Since written submission is not allowed, you can let the court know your preference in writing as well inability to meet counselor.
V R SHROFF
(Expert) 04 February 2014
FC need Personal presence of HW
R K Kumar
(Querist) 04 February 2014
Thank you all for the response. Do Courts normally allow written submission to family counsellors?
Counselling is on end of February but the next hearing is in April and I don't want to drag this matter. If I don't go for counselling will the judge give another date for counselling and postpone the hearing?
What is the quickest way to finish this case?
T. Kalaiselvan, Advocate
(Expert) 05 February 2014
Submitting to the decree prayed for by your wife in the matrimonial case for declaring the marriage null and void, would lead to suspicions about collusion between both and the danger of the case getting dismissed are brighter, hence it is always better to attend the counseling session and explain and apprise the counselor the facts in person so that there shall not remain any suspicion or ambiguity in the minds of any one and the complex situations will turn out to be very simple.
R K Kumar
(Querist) 06 February 2014
Thank you Mr. Kalaiselvan for your advice.
I am unable to attend the counselling session as I need to apply for leave in advance. Hence what would happen if I don't attend the counselling session.
Any other alternatives.
Thank you everyone for your time and assistance.
Guest
(Expert) 09 February 2014
What is the opinion of your Advocate who handles the issue
prabhakar singh
(Expert) 09 February 2014
He seems to have been acting upon advises made here which i gather from fact that he tried to submit in writing before counselor .
When a 16 days old query has been brought to light for me when............I have left to object touting or any thing else and every body here is free now.So am i too.
I have no time to take care of even myself.
My casual appearance on site is the proof.
ajay sethi
(Expert) 09 February 2014
it is possible to make your oral submissions to counselor through video conferencing . if you are unable to attend your advocate can inform counselor that you are willing to depose by video conference
Guest
(Expert) 09 February 2014
Very Well Suggested by Expert Mr.Ajay Sethi.If such provision is not available for Counselling Your Advocate could request you would provoide the counselling the facility by your self.
R K Kumar
(Querist) 09 February 2014
Thank you all for your feedback.
N.J.S.Rajkumar, my advocate told me that if I don't come for counselling it is better as the case can be finished quickly as the judge will ask my wife to submit an affidavit and thereafter pass a judgement (remember I am not objecting to my wife's petition to annul the marriage). I am little sceptical and hence I requested for advise from experts in this forum.
I will ask my advocate to check with the Kerala courts if Video Conferencing is an option.
Thank everyone again for your valuable suggestions, time and effort.
Guest
(Expert) 09 February 2014
All the Best
ajay sethi
(Expert) 09 February 2014
thanks for your appreciation
Devajyoti Barman
(Expert) 09 February 2014
Forgo counselling when you can not come to attend it.
It would indeed expedite the case.
R K Kumar
(Querist) 10 February 2014
Thank you everyone
R K Kumar
(Querist) 13 February 2014
My advocate met the counsellor at Trivandrum (Kerala) court and asked if it is possible for me to participate in the counselling via Video Conferencing. However the counsellor had told my advocate that Video Conferencing facility was not available at the Thiruvananthapuram courts.
Does the Thiruvananthapuram court have a laptop or computer with internet connection?
There a lot of internet cafe / DCP centers near the courts but I guess the counsellor will not agree to come there!
Guest
(Expert) 13 February 2014
@Author what I am suggesting is just an attempt,Your Advocate could plead the counsellor that you would provide the facility for it in court at your expenses and you could hire the same with good professionals who could copy the same in pendrive or cd on the spot.you could also hire a typist who would type the same for Court Records.Nothing Wrong In Trying
ajay sethi
(Expert) 13 February 2014
you can carry your laptop to court . for internet connection you can use photon connection . through skype you can inform counselor that you have no objection to marriage being declared void
R K Kumar
(Querist) 19 February 2014
Thank you for your suggestions. My advocate seems to be reluctant to try this.
I was told "if you can't come that's fine as the case can be finished more quickly" I don't how the case can be finished quickly if I don't provide my input for the family counselling but what other options do I have at this point. People tend to give more vague answers such as "don't worry I will take care of it" but don't provide any specific game plan!
ajay sethi
(Expert) 19 February 2014
well since you have engaged a lawyer he must be familiar with the procedure in family court in that area .go by his advise .
Devajyoti Barman
(Expert) 19 February 2014
I am doubtful as to why your lawyer has said so.
There is no scope for saying so.
