Mediation in mutual consent divorce
Vishal Mal
(Querist) 23 June 2014
This query is : Resolved
We had filed a mutual consent divorce last year.We appeared after 6 months in front of the judge.The judge recommended for mediation and has given the date.My question if due to some reason if the one of the parties don't show up on the day of mediation.What happens next and what is the process to get decree in such cases.
ajay sethi
(Expert) 23 June 2014
another date will be given by the mediator . you can appear on the adjourned date
V R SHROFF
(Expert) 23 June 2014
next date is given .. It is a formality..
Vishal Mal
(Querist) 23 June 2014
What if the person is not able to make in any of the future dates also.How does it conclude for decree?
V R SHROFF
(Expert) 23 June 2014
must attend within 18 months of 13B Petition;
Otherwise case will be dismissed: no divorce.
Laxmi Kant Joshi
(Expert) 23 June 2014
The time period to get the mcd decree is 6-18 Months if both the parties not attend the court and mediation in their scheduled dates then the petition for mcd will be dismissed .
Devajyoti Barman
(Expert) 23 June 2014
mediation may fail or another date may be given.
Vishal Mal
(Querist) 23 June 2014
If one person comes for mediation and other person doesn't show up.As the other person stays in different city and has high probability to skip the mediation and ignore the mediation.Both of us have already signed in front of the judge for mediation for the scheduled date.
There should be some provision to get the decree.
Can you confirm if there is a workaround to address this?
Devajyoti Barman
(Expert) 23 June 2014
id someone faces problem to attend one particular date , another date may be fixed but failure to attend mediation on nay number of date does not amount to issuance of decree of divorce.
Raj Kumar Makkad
(Expert) 23 June 2014
There is no reply of the hypothetical questions. You have rightly been advised by the experts and your query gets solved.
Dr J C Vashista
(Expert) 24 June 2014
Mediation is the process to resolve the matter amicably "out of Court". It donot affect the status of case untill acceptable to both the parties. But do not have any adverse implication on either of the party.
If one party do not appear before mediation or do not accept the terms and conditions of other party the case is returned to the Court for further proceedings de novo.
P. Venu
(Expert) 24 June 2014
What is your real concern? A solution your marital discord or playing hide and seek with the courts?
vinay kumar
(Expert) 24 June 2014
Dear ,
If you have already filed mutual consent divorce petition then take the opportunity at mediation to dissolve your marriage with some sort of terms and conditions, which you both had agreed in mcd petition with your spouse. Attend the mediation date and both of you come to one conclusion to get divorced.
Explain your mediator the reason behind your seperation and divorce...The mediator may assist you both to get divorce from each other as the report prepared by mediator plays relevant role at the time of order/decree...
Vishal Mal
(Querist) 24 June 2014
What do mediators ask during mediation?
How long does it take to complete the mediation discussion?
Once we complete the mediation what is the next step for decree?
Raj Kumar Makkad
(Expert) 24 June 2014
Mediator tries its best to bring both the disputing party to reach to an amicable solution and there is prescribed time limit for the mediation. Mediator produces his report to the concerned court and if no mutual solution is arrived at, the case runs from the same proceeding and further proceeding follows and if the solution has arrived at then the next proceeding is initiated accordingly.
Vishal Mal
(Querist) 24 June 2014
There is no dispute here, only wanted to know once mediation is done what is exact next step for decree.
Raj Kumar Makkad
(Expert) 24 June 2014
It depends upon the outcome of the mediation.
Devajyoti Barman
(Expert) 24 June 2014
mediation has nothing to do with issuance of decree which is available only after completion of trial.
Vishal Mal
(Querist) 25 June 2014
Mediation was completed few weeks back and on the same day both of us signed the mediation report as per agreed terms all of which have been settled.Later on the same day we appeared in front of the judge again and signed confirming the mutual consent divorce is agreed by both.
I was told the divorce process is complete and order will be sent by judge to decree court.The lawyer told me the issuance of final decree certificate will take about 1.5 months to receive.Is this true?
ajay sethi
(Expert) 25 June 2014
yes it takes time . generally 2 months for certified copy of decree
Raj Kumar Makkad
(Expert) 25 June 2014
You didn't post the above-noted facts in your initial query and wasted a lot of time of the experts unnecessarily. The facts at last might have been posted initially.
Vishal Mal
(Querist) 26 June 2014
Thanks to all the experts.Really appreciate your inputs.
T. Kalaiselvan, Advocate
(Expert) 26 June 2014
The author had been testing the skill and knowledge of the experts here by posting different questions of hypothetical in nature, thus making fool of the experts. He has already got the solution but had been playing tricks with the experts. Such practices are to be discouraged. I think the experts need to be more strict with the querists posting hypothetical queries.
