Divorce hearing

1. Illogical thinking.
2. What both are assumed to be doing are one and the same if bare reading your above thread post is replied now;

Reasoning:
He wants divorce : you donot want divorce.
He admits a suit matter : you received the copy of his suit matter.
He represented by a lawyer on first date : you are un-represented by amicus curie on 1^st. date.
He does not come on 1^st. date of mediation as per your forecast : you come on 1^st. date of mediation.
He does not follow-up mediation dates as per your forecast : you may follow-up mediation dates.

Sum total result : MEDIATION FAILED

Now with above illogical strategy what you thinking, that mediator will give a unilateral verdict in favor of you  or competent Court may sympathize with your or your husband will start thinking where is she / why she didnot come – regular attendance and either and or both Authorities will say - OK wife allowed restitution as figure of speaking ! NO @ lady neither will happen as Courts goes by material facts as in suit matter read with report of the mediator on PASS or FAILED and not by sentiments and emotions.

What Mediator will do in such scenarios is s/he will give another date and or may send report of MEDIATION as “FAILED” and next date of court hearing will be given to you as you are resolving to be present there unilaterally on most dates and your husband will come to know of that next date of court proceeding via his Lawyer that also via phone as mediator informs parties legal representative via phone (mostly).

Now what will be your strategy on above next date of court hearing alibi for a lawyer to your side read with no w/s filed till date which I will call for your easy understanding as 2^nd. Date of court proceeding?

Naturally you will utilize 90 days limitation period to file your w/s as wrong and dneied to all his suit matter paras and it would be interesting to see your next query after mediation fails and you are given time (90 days) to file your W/S – also remember the 90 days clock ticks from date of admission and first Order of the Family Court and includes mediation period.

Remedy to your agonies:
One – Carry on with unilateral mediation + see that the mediation date(s) donot come close to 90 days (means take shorter mediation dates) + on 2^nd. Court proceeding date seek time to appoint amicus curie and via h/er file W/S and tooth by tooth - nail by nail contest his divorce case facts and see to it that he fails in his material facts read with produced evidences hence his case may get dismissed.

Two – Once above last line happens come back here and place your third query on what to do when his divorce case dismisses and he is still not ready to take you back!

Three – File proper RCR (take help of any petition writer in court complex and he can even guide you on Court Fees and paper book making and you may not even need a lawyer to file it and once admitted take help of Court staff to even send Notice with suit matter to husband of your intentions on restitution of conjugal rights) as you would then at that "future" date may be needing safety cushion in case last line happens at the end of long family law litigation between you two as atleast you can execute decree of RCR and pray for property attachment and or salary rights from his income under wide powers of O 21 / R 32-33 CPC without invoking any other Act / Code such as criminal cases which anyhow you have said in your several other posts here that you donot want to use criminal laws against him.

All above are practical pre-assumptive reasoning based reply as to how far such unilateral litigations reaches when one spouse (husband) wants divorce and another spouse (wife) does not want divorce, in such scenarios, both remain bonded via “Paper marriage” or via divine bolt out of the blue they may get united (rarely such happy endings happens now-a-days) or  if neither are the projected scenarios then Family Court long drawn proceedings (years / long dates) kills the charm of marriage reunions which is a generic facts.


w/s = written statement
I have mentioned "may" at many places kindly read its context accordingly as and where used.

@ tajobs.....thanks for such a brief reply..........but can you please summarise little bit......... what steps should i take exactly ????? i could not understand few points..... so please can you reply jo mujhe samajh aa jaaye...... i hope you don't mind.....

Read three more times above reply, I have except at one place not used legal wordings or hidden speech using technical legal jargons and any layman can understand it. Also welcome to the bad, dirty world of Family Courts said so bze if you as litigant cannot understand my so called brief reply devoid of any legal technical wordings then how you proposing to contest and or move ahead without a lawyer to your side against other spouse ultimate showcause under Family Law? 

This reply may be construed as hard reply (especially you being a woman) but I don’t care as I cannot use emotions and sentiments in Law,  it is just to prepare a litigant it is meant to be so  straight forward reply. Court visits are different ball game compared to Shopping Mall visits for either spouse so make an effort to understand simple English reply as self preparation to future visits to Indian Courts and what not you may get to face there.

PS:
Summery tailor made for you- Actually what steps one can guide you to take on 2^nd. date of divorce? In my opinion court will give another date or if his sides presses hard if time limit of 90 days to file W/S are aover to struck off your defense etc. may happen. 

@ tajobs: i never said that i will fight the case without a lawyer.....i said that i want to skip the hearing date......where did i say that i will handle the case on my own....??

but one thing i have observed that it seems you are a bit frustrated in life..... if you cannot answer patiently then you should not reply in such a weird way.......... you can always avoid the queries......

also a person facing so much in his/her married life knows what courts are all about........ restrain yourself from replying..... faltu ki tension naa koi lena chahta hai and naa koi tension dena chahta hai...... aapki daant sunney ke liye yeh site launch nahi huyi hai.........

Don’t think too much as of now.

Just go on Date, and most probably Judge will looking for both of you for reconciliation, which happen in Judge’s chamber. And judge will take you both one by one alone and one session together.

This is duty bound to do this process before proceeding further.

If your hubby don’t come on first, date// then judge will direct his lawyer to bring petitioner on next date for reconciliation.

Till next date enjoy and you have enough time to plan things,,

Meanwhile prepare a point by point reply to your husband’s petition in your laptop. which we help you save time on later stage at filing your WS.

After reconciliation process, (supposed it is fail) then you take 1-2 date for filing WS, and at any time you can say to judge, that you want ‘Mediation’, at that time.. if your hubby  don’t object your  ‘Mediation’ request, then court will sent the matter to ‘Mediation’ cell, and give a for atleast 2 month.

Then you have to appear before ‘Mediator’, which a normal laywer , appointed by courts

@ rahul.....ok......thanks for such a proffesional answer......i appreciate your reply......

If skipping a date is ur only concern, its not difficult in Indian System. Appear in person on 1st date & ask for next date to hire an advo+ pray for mediation.

But remember, mediation or no mediation, date early or date late....................file ur WS before 90 days of ur 1st hearing date.

Also court can not compel ur hubby 2 attend mediation