Family court commences trial without completion of mediation
Jyot
(Querist) 22 November 2016
This query is : Resolved
Petitioner has filed divorce through POA holder under cruelty ground. Respondent has filed written statement and requested mediation procedure from court. Court has referred the matter to mediation. On mediation date, petitioner was appeared through power of attorney holder and respondent appeared in person. On mediation date, Mediator has reported that he/she knows the petitioner, so he/she cannot do mediation. Then, on court date, respondent and his advocate presented and No one was present from petitioner side. On court date, the report of mediation center was not received by family court from mediation centre. On court date, Hon. Judge has framed issues and Hon. Judge told orally that the mediation centre would arrange other mediator for mediation for parties. In Rojkam (Roznama) it is mentioned that,” respondent and his advocate are present and no one is present from petitioner side. The issues have been framed; the next proceeding of the suit is on mediation report and on the stage of petitioner’s evidences”.
Que-1: Can Judge frame issues and direct the court procedure to petitioner’s evidence without completion / failure of Mediation procedure?
QUE-2: If no, then what respondent can do on next court date?
Que-3: What respondent can do on next court date, if P.O.A. holder /advocate of the petitioner tries to file petitioner’s evidences, though respondent wants to complete mediation procedure with petitioner in person?
adv.bharat @ PUNE
(Expert) 24 November 2016
1) No
2) Request court for mediation by other counsellor.
3) If court accept the request of mediation then that will be continue.
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Jyot
(Querist) 25 November 2016
Court has already decided to do mediation of parties with other counsellor but simultaneously court is proceeding to trial. Respondent wants to do mediation with petitioner.What can respondent do if judge has already framed issue and started the proceedings towards petitioner's evidence stage without sincere endevor made though mediation has not been failed till date?
Kindly recommend judgment(s) about: In matrimonial disputes, Family court cannot commences trial (frame issues) without sincere endevors for amicable settlement between parties.
Guest
(Expert) 25 November 2016
What Counselling you expect to be Done at Mediation Centre with POA.The Petitioner should be Present in Person for the Court Hearing and to Record her Evidence and Not POA,
Rajendra K Goyal
(Expert) 25 November 2016
If not satisfied with the step of the court, proceed to challenge.
Judgement / citation etc. are not provided, please ask your lawyer to search.
