Kavitha Menon (Others) 08 November 2012

guidance on post divorce mrrg counsel

Dear Lawyers:

I've filed for a divorce in the family court. Today was our first marriage counselling session post filing the divorce. today's session was rather a standard procedure where in the counsellor explained us how the marriage counselling sessions will proceed. The actual sessions would start from the next date where in the marriage counsellor is going to listen to us individually first.

I've made up my mind for the divorce and is why I have proceeded. My husband is not willing to divorcce as his motive is to have the flat that me and my father have bought post my marriage. My husband has not contributed a single penny toward buying this house. Just because he was my husband, I included him as a co-owner in the registration. My father sold his house and gave me 15 lacs to buy a flat. The only contribution my husband has made is the partial EMI contributions over the last 2 years. I am working and I have a year old son out of our marriage. We have been married for 6 years now. Since 26 Aug, we have been staying separate.

I believe that these marriage counselling sessions are going to be just a wastage of my time and energy as I do not wish to reconcile; however, I'm forced to attend them against my wish since I guess it's a leagal procedure. The counsellor seems to be blunt and rude fellow. I want to make it clear to him that I'm not willing to proceed with my marriage and that I very much want this divorce irrespective of whether my husband wants it or not.

I had tried for a out-of-court settlement but my husband refused to show up. Hence, I had to proceed with a contested divorce.

I've the following questions for you for your valuable advice/suggestion/tips/guidance:

1. How should I proceed with these marriage counselling sessions and teh counsellor taking into account that I have already made up my mind for a divorce and that I do not wish under any circumstances to reconcile with my husband?

2. Does the marriage counsellor have the authority to dissolve a marriage?

3. Can the marriage counsellor influence my case in the court if he writes a negative report/feedback against me?

4. Can I refuse to attend the sessions unless for a mutual settlement?

Please guide.

Many thanks.

Regards,

Kavita

Reply Follow

6 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 08 November 2012

Dear Kavita,

Marriage counsellor holds no right to dissolve your marriage. If you have made up your mind for divorce than be firm . Marriage counsellor only tries to reconcile the marriage or settle the issues . If one of the party is admant for not settling the issue and to carry on with divorce proceedings than matter goes as for divorce proceedings . You can try mutual settlement with your husband , if he is not willing than you can contest divorce case and get your marriage dissolved.

Adv. NIKHIL SETH

Mumbai.

Sanjeev (Lawyer) 08 November 2012

Counselling is good as if your husband agrees it can lead to Mutual Divorce or you may reconcile and live together may be in the interest of your child future.

if you dont reach a amicable solution Divorce is long court procedure and it will take 5-6 years still no guarantee that you would get it. So go for counselling.

ANEESH TRIVEDI (ADVOCATE) (Advocate) 08 November 2012

kavita ji what are the grounds you made for divorce, if your grounds are strong enough then you can get divorce on merit, but still if normal differences are there then it is better not to take the decision by sudden impulse, and better if amicable solution is there then better reunite, for the sake of child.

Nitish Banka (lawyer) 08 November 2012

counselling is the first step the family court take,As some times mediation can solve disputes,if any party does not agree then the proceedings continues.