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reconciliation process and helps

Querist : Anonymous (Querist) 06 November 2009 This query is : Resolved 
hi to all

is this reconciliation is mandatory in divorce case. if yes
then what is the importance of it as some how I had made my minds to get separated with her know , nobody can force us to stay together as thing will become more worse, as u all now what is going to happen in councilling the Councillor will ask two to three question if any of the party say no then he will say reconciling failed so then why all this drama of recouncilling before proceeding , as once the party approach the court to divorce it is very clear that they cannot continue with each other ?

I am not deaning that reconciliation should not be there but i say where there are no children, both are working well settled, stayed away from past 2 years and more, happy leaving without each other , then for those case why counselling?
sorry if i had gone wrong
can u support me if i don't want to attend reconciliation as i already attended all the dates and made my view to the judge clear

adv. rajeev ( rajoo ) (Expert) 06 November 2009
oNe thing for ur information, court always suggest for the conciliation because it wont try to break the holy tie. In hindu Law marriage is not a contract.
If marriages went on broking what's about the society. It will be destroyed and impact is much on the society. Court also keeps society in its mind.
So court tries for the conciliation so both husband and wife can change their mind and they may live happily together.
Commonly for a very small reasons disputes arises and ends in divorce.
So to avoid the difference of opinion and to benefit the society this steps will be taken by the court.
Raj Kumar Makkad (Expert) 06 November 2009
The lenghthy and repeateed language used by you smokes as if the entire happenings have taken place with you. Any how, the course of conciliation is just an effort by the court to resolve the matter through negotiation and if it becomes fail then further legal proceedings are initiated and it do not affect either the nature or the merit of the case. In marriage disputes generally both sides are found indulging in harassing each other. You have story only of one side. Listen the story of other side pateincelly and then make your mind and this is what done in the conciliation. Though in the given circumstances there seems no chance of unite the spouse.
Querist : Anonymous (Querist) 06 November 2009
thank for your reply

why is reconciliation
i believe in holy tie but why only husband should obey it why not wife , if they need divocer entire system will allow them , no holytie or hindu marriage act comes to support.
see marriage should no be bond to stay togeather if two people are not jelling up , we can force them to stay just because we had tied a knot , compatibility should be there ,what if husband run way after having children as he staying with her with out his wish, then girl will safar more then before
so why is courts troubling us to council ling, why do girls wont understand that once matter reach to court then that means it the end of the marriage , by pushing they are trying to waste time and take pain only
Querist : Anonymous (Querist) 06 November 2009
Thank u Raj Kumar

Arul Kumar (Expert) 06 November 2009
To end the ordeal, your friend must attend the issue as per the law of the country. There is no point in whining. Let your friend come to India and establish his position in the court of law. He cannot justify himself by procrastinating. There are good lawyers here to get him justice.


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