Divorce part
Arjav Mehta
(Querist) 10 August 2018
This query is : Resolved
Dear Expert,
My friend married before 15 years and she had two kid ,due to quarrel with husband since so many times, she left her house and stay with her mother and father, she had appointed a lawyer and submitted case under sec 13 (HMP), now husband's lawyer told that we have to go to reconciliation and we dont want divorce.
My friend' s lawyer denied to seat under mediation and Judge told that have to follow the rules.
My friend dont want to go back with her husband .
Dear Expert, let me know the pros and cons in this situation.
Vijay Raj Mahajan
(Expert) 10 August 2018
Mediation process is a statutory provision under the Family Court Act and the Presiding Judge is bound to follow the provision.
The wife not interested to live with the husband and no one can force her to live with him.
In Mediation process the wife can very clearly say this to the counselor, if husband agree for divorce by mutual consent, that can be worked out in Mediation process.
All practising advocates in Family Court know this if the advocate of the wife novice and has no knowledge about the Family Court proceedings, than he should take help of some other experienced advocate of Family law.
Arjav Mehta
(Querist) 10 August 2018
Thanks Vijay sir,
Husband not ready for divorce and wife want a divorce in that situation can judge order her to go with husband ?
husband lawyer is full confident that we will go for reconciliation only.
my friend is worried her husband is very dangerous man,
Kumar Doab
(Expert) 10 August 2018
Apex Court has decided that wife is not a chattel ……thus cannot be forced to stay with husband..
The mediation center can report failure.
Kumar Doab
(Expert) 10 August 2018
If the spouse is dangerous and indulged in cruelty then the very able counsel of affected spouse (wife) may establish and fetch contested divorce to his/her client.
Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/Civil matters ,latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL Family courts/civil courts, HC, SC……
Kumar Doab
(Expert) 10 August 2018
Your various queries have been responded in details in Experts/Forum sections..some of which are posted as student..
e.g;
http://www.lawyersclubindia.com/forum/Mutual-divorce-157931.asp
http://www.lawyersclubindia.com/experts/High-court-appeal-for-mcd-686046.asp
Either avail Free Legal Aid from DLSA….They also have senior/seasoned/aged counsel on panel..
If you are a student/fresh layer/n-experienced seek counsel of a very able LOCAL counsel and such counsel may agree to support you and also accompany at crucial stages………………without FEE/with reasonable FEE..
or approach a very able senior counsel as already suggested..
If IT is your own matter approach a very able counsel as already suggested.
There is NO point in losing the case in court.
Vijay Raj Mahajan
(Expert) 11 August 2018
I told no court can force any wife or husband to live together if either if them not interested.
The court can decide the divorce petition on pleadings and evidence of both parties.
Will the wife get order for divorce or not it will be based on the evidence she place on the record of her case.
Guest
(Expert) 11 August 2018
What does Mr. Kumar Doab, a fake expert, want to say by his statement, i.e., "Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/Civil matters ,latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion," IS A GREAT MYSTERY.
He has not pinpointed what wonders such type of a lawyer would do for your friend, except collecting a hefty fee, when there is no third option for your friend, except reconciliation or divorce? If she wants divorce, even a novice lawyer with moderate fee can also fight her case to get divorce for her.
Shri Vijay Raj Mahajan has rightly advised you, no court can force any wife or husband to live together if either if them is not interested.
