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RAM (engg)     21 September 2013

Mediation settlement in family court

My divorce case filed under 13(1) (ia) of the hindu marriage act by contesting has came to trial in last week the judge has forwarded to mediation for settlement...

I have some doubts thats I want clarify please...

 

1.) If settlement has arrived by mediation is it equal to divorce by mutual consent?

2.) If settlement has arrived by mediation the order can be passed immediately or it will take any time?

3.)If settlement has arrived by mediation the order can be passed based on the case filed under 13(1) (ia) of the hindu marriage act by contesting can pass the order or we can fill under 13b mutual consent petition?

4.)  If settlement has arrived by mediation and the order has passed based on that settlement and the settlement has done as per the order of the case filed under 13(1) (ia) of the hindu marriage act by contesting, is it any cooling period or waiting period for remarry?

5.) Please specify any other aspects I have to follow carefully in this regard

 

thanking you

with regards

ram  



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     21 September 2013

Ram,

Divorce subsequent to settlement by mediation does not alter the section automatically for MCD; Though there was settlement arrived at, it depends upon the conditions of settlement during the mediation session and on that basis, if the conditions are executed before the judge, then the judge at regular court may grant divorce on the basis of the advice by the mediator vide his mediation reports.  The mediation helps to settle the issues between both the parties either to patch up the differences and live together or to go for divorce wherein the compensation sought for would be arranged for as per the circumstances on the basis of negotiations etc. As the decree of divorce shall be granted by the court of law, the procedure for remarriage to be followed as per law therein. 

RAM (engg)     21 September 2013

Hello Sir,

 

Thank you for your reply.

 

My calrification is...

If the degree of divorce has granted based the settlement has arrived by mediation is it equal to 13B of the hindu marriage act ?

If the judge may grant degree of divorce based the settlement has arrived by mediation or we want file a pettition under 13B  of the hindu marriage act to proceed?

If the degree of divorce has granted based the settlement has arrived by mediation is it possible marry immediately after getting the degree paper or their is any waiting period?

 

please... clarify

 

thanking you once again

with regards

RAM


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