Is counselling a must even after long period of separation

Mediation and conciliation process are most important in all cases relating to matrimonial dispute and Family Court as well all cases dealing such cases at any stage insist for this process before the case is taken up on merits.

As far getting exemption from personal appearance is concerned that is allowed but for certain process such as the giving evidence, the parties are supposed to be present in person along with their advocates.

You have case of divorce based on desertion for more than 2 years and cruelty, chances for getting it resolved in your favour based on the evidence you have in support but if there is settlement between both of you for divorce by mutual consent during mediation process the matter get resolved at the earliest.

 

Thks Vijay Sir.

When does the counseling happen? First appreance or after the first appreance of both sides?

Our lawyer is thinking about making an appeal in the first appreance that I am not interested in counseling. Will that work or legally there will be another date where counseling has to be done?

You can submit application for counseling. Judge will review and if your wife agrees then only mediation will happen.

Mediation is compulsory process in the Family Court, no application to be moved by either party for the same. By all means that will be ordered by the Principal Judge of the Family Court . Your advocate may advise you anything, if he's not practicing in Family Court he can say anything to you, I know it that judge is bound by law and rules will go by those not by your lawyer's advise.

Thks Vijay Sir.

So in the first appreance if I  apprea in person and say along with my lawyer that I am not interested in counseling, will the judge still insist for another date for counseling?

Do as you wish, judge will give you his mind.

Thks Zameer. I am not interested in counseling. I want to apprea once and ask the judge for no counseling. But the girl has been misusing this counseling clause and stopping the divorce proceeding...to trap me on additional cases if i apprea in person. how to avoid this?

Thks Vijay Sir.

I have to take a lot of hardship to go to this case from a far away place. I am also taking a risk for additional false cases.

If I understand you correctly, acording to you after the first appreance the judge will definitely ask for conuseling process. So I will have to go to counseling and make my case for divorce there. Is my understanding correct?

If I have to attend counseling then I will plan to sending my lawyer to avoid costs involved and avoid one less chance of risk. Would you suggest that?

Counseling is between parties not their advocates to settle the long matrimonial dispute amicably for either living together once again OR to move out by divorce by mutual consent. None is forced for either of these two situations and if both situations fail than regular divorce proceedings begin between the parties. This as simple as informed here.

Though it is ten year separation based divorce case, Judge is bound to follow the law as laid down in the Family Courts Act. He may order for the same and you may try to manage your appearance through your lawyer as per the convenenience of both the parties.

Though it is ten year separation based divorce case, Judge is bound to follow the law as laid down in the Family Courts Act. He may order for the same and you may try to manage your appearance through your lawyer as per the convenenience of both the parties.

Though it is ten year separation based divorce case, Judge is bound to follow the law as laid down in the Family Courts Act. He may order for the same and you may try to manage your appearance through your lawyer as per the convenenience of both the parties.

Great advices.  Wonderful.