Divorce case: 1st counseling
Manpreet Singh
(Querist) 20 December 2017
This query is : Resolved
Dear experts, I filed divorce case on the grounds of mental cruelty. On the first date of hearing, my counterpart did not appear in the court. Not sure if she had received the notice or not. I left the house on the day 2days before from the date of first hearing without informing her and then told her over the phone call that I have filed for divorce. Then she filed a complaint against me,my brother, my brother's wife and my mother about Dowry and all other things. I appeared for the first counseling where she filed the complaint. Now, I have agreed and signed the paper in front of counselor that we will stay together and will withdraw my case. I was asked to stay with her for two months and give her rs20000 each month and both have been asked to stop talking to the parents and stay together and see if things work out between us or not. I have not started staying with her yet since It's been not even 12 hrs since this counseling has happened . Can I go for denial on this and stay with my decision of filing the case.? Please help me pro and cons of this. Thanks.
Dr J C Vashista
(Expert) 20 December 2017
You have already engaged an able, competent and intelligent lawyer, you must have faith in his/her guidance and proceeding.
Dr J C Vashista
(Expert) 20 December 2017
Seeking a second opinion and advise is bound to spoil your case since it is based upon limited information/facts provided by you besides the fact that there is difference in experience and ability of experts on this platform, except the fact it is available FREE OF COST.
Manpreet Singh
(Querist) 20 December 2017
I just want to know that if I don't go and stay with her now and stick to my decision of divorce . Will that thing go against me? If she call those counselors again and tell them I denied to stay with her. Will that go against me?
Vijay Raj Mahajan
(Expert) 20 December 2017
The commitment made by both in Mediation and Conciliatory Centre at the time of 1st counselling need to be respected and followed by both parties. The wrong impression should not be conveyed that the party did not came with clean hands for resolving their dispute amicably.
The divorce proceedings can always be kept at wait by taking long date in the Family Court. The continuity of divorce proceedings will not get affected if the parties decide to give a second chance to live together, The ground of cruelty as suggested by your advocate with guarantee of decree of divorce is happy dreams most advocates show to attract the clients, but unfortunately the most difficult is to get divorce unilaterally.
The counselling session can be repeated if the parties decide that their living together is not possible and than the settlement between them by divorce by mutual consent can be worked out.
I will not suggest you to move out of commitment you made in 1st counselling session as there is best way out by compromise even for divorce rather litigating for years together and continue standing in square 1 from where you started.
Manpreet Singh
(Querist) 20 December 2017
Thanks Sir . What if she doesn't do anything bad deliberately for the sake of two months only and then starts doing the same thing she was doing before?
Vijay Raj Mahajan
(Expert) 20 December 2017
If she's playing tricks, inform this in 2 session of counseling which takes place after two months.
You keep your side clear and clean, let her do wrongs and gain from her wrongs.
You need proper advisor not only simple advocate representing you in court and paid for the services.
Manpreet Singh
(Querist) 21 December 2017
In order to inform she is playing tricks, would I need to prove it to them with evidence? What if I tell them verbally in the next counseling that things are still the same.Will that be of any help And I can go ahead and proceed with my case since I have very strong evidences of what has happened before I filed the case?
Manpreet Singh
(Querist) 23 December 2017
There won't be any second counseling since; they have taken this as final with agreement from both parties that we two will live together for two months to see if things work out between us or not. I am not gonna take back my case as of now, will see if things work out or not and accordingly I will proceed. I am still in a doubt that if she pretends to be fine for these two months. I am confused now, what is to be done. Please suggest something.
Manpreet Singh
(Querist) 23 December 2017
We both are not supposed to be in contact with our parents as said by counselors but she still talks to her parents over the phone .
Manpreet Singh
(Querist) 01 January 2018
Dear experts, please suggest.
