Reconciliation after filing of mutually consented divorce petition
Bablu Ghosh
(Querist) 11 June 2013
This query is : Resolved
One of my friend's son has submitted a petition for divorce(Boy is Petitioner 2,Girl is Petitioner 1) by mutual consent by filing a petition.They had an idea that (a)the court generally adjourns the matter for a period of 6 months where after the party has to again approach the court for making a second motion confirming the mutual consent earlier given in the petitioner filed by them.
(b) But the court judge has intimated in the hearing on the first day that the the petitioners have to again appear after 3 months as the matter is referred for reconciliation. My question is about this RECONCILIATION procedure(No procedure has been intimated)
A) The couple have lived apart for more than a year before filing the application a year.Obviously how reconciliation can be made at this stage.If the couple sit aloof and appear after 3 months what problem they may face after 3 months when they reappear in court
B)Is there any law defined procedure of this RECONCILIATION
C)Whether the first motion (Petition for divorce) is AT ALL ADMITTED or not.
Please help
V R SHROFF
(Expert) 11 June 2013
A)they may face no problem after 3 months when they reappear in court
B)It is compulsory for any Divorce Petitions in Family Court, and Now Judges are under instruction to try to re-council, to save marriage.
it is not law denied procedure: The Report is confidential, and cannot be considered in Evidence or Judgement except that it is +ve or -ve
C) It is Admitted.
Raj Kumar Makkad
(Expert) 12 June 2013
The procedure adopted by Family Court judge is unheard. There is no such procedure. There is no role for the judge in MCD except to record first motion statements then second and then pass the decree of divorce.
