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Ramesh   15 December 2021

Mediation in mutual consent divorce case

Sir / Madam,

After attending mediation process in mutual consent divorce case, suppose both husband and wife wants to save their marriage, will there be any formal agreement signed by both petitioners in front of mediators on the freshly agreed terms and conditions in mediation?

Kindly provide your valuable opinion.



Learning

 4 Replies

Dr J C Vashista (Advocate)     16 December 2021

Mediator shall draft necessary terms which both the parties shall have to admit/ accept before the concerned court.

P. Venu (Advocate)     16 December 2021

The couple as well have the option not to press for further proceddings.

Aryan Raj   16 December 2021

In response to your query

Divorcing couples must participate in mediation, which is a non-judicial and informal process. Mediation centres provide couples with ideas for repairing the cracks in their marriage in a smooth and efficient manner. Following the mediation procedure, divorcing spouses might choose to give their relationship another try or file a divorce case in court. The divorce becomes a mutual divorce after the mediation procedure, with both spouses' permission. Prior to going to court, the partners must go through the mediation procedure, according to Section 9 of the Family Court Act of 1984. For all divorced couples who want to give their marriage another opportunity, mediation is a necessary.

In this case if the couple decides they don't want to go through with the proceedings of the divorce and instead chose the save their marriage then the mediator has to make dismissal order with agreement from both parties and then he will send the documents to the court and after the judge signs the order then the case is resolved. 

Regards,

Aryan Raj 

Ramesh   16 December 2021

Thank you all for your valuable advice and opinion.


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