Consequence of not attending all the sessions of divorce counselling

853 votes

There is no any mandatory to attend the counseling. But instead of proceeding further in the regular court for a long time, the counseling be conducted. If you already conveyed your decision to counselor, then he record and forward it to the regular court for proper order. In case the counselor asked the party to come for third time you may go or express you inability to go through your counsel. Further more, if you not satisfied with the proceedings in counseling, you may request the counselor to back the papers to regular court where you filed the original case.

Advocate Jayaprakash V LawRato

788 votes

It is not mandatory for your relative to attend the 3rd session. His Lawyer can go to the Counsellor 's Desk and tell them that your relative will not be able to attend. They will give one more date. If you Relative does not want to attend the counselling then his Lawyer can tell the Counsellors to post the case before the Court. Thereafter the case will be posted before the Court for hearing. For further detailed advice kindly contact me.

Advocate Suchit Palande LawRato

960 votes

Counseling provided by the court to sort out their issues through proper advice. If the parties not Willing to reunion in the marriage life they can inform the same to the mediators to refer the case to the court for further proceeding. Once the counseling failed by refusal of parties or by the non appearance of parties they the counselor shall refer the case to the court by referring that the counseling was failed. In Your case, if he is not present in the further hearing, the counselor may fixed another date for further counseling or refer case to the court mentioning that the counseling has failed. After that the court will order other party to file counter in the said case.

Advocate Selvaperumal LawRato

858 votes

Once you engage any advocate , follow his instructions. He or she is the person who knows your case particulars and in a better position to give you advice. Asking in a public forum without any details and cross checking your advocate is not right thing to do. Meanwhile, it is the practice of 3 counselling is mandatory and judge may again ask him to attend counselling on the next hearing.

Advocate Vasavi Sridevi Sivanandam LawRato

307 votes

Counseling before divorce, often referred to as divorce counseling, is not mandatory in India. Here's what you need to know about the role of counseling in the divorce process:

1. Not Mandatory: The Indian legal system does not require couples to undergo counseling before filing for divorce. While counseling may be recommended or encouraged, it is not a legal prerequisite.
2. Optional: Couples have the option to seek counseling if they believe it can help them reconcile or come to terms with their decision to divorce. However, attendance is not mandatory.
3. Court's Role: In some cases, a judge may suggest or order counseling as a way to explore reconciliation. Still, this is not the same as making counseling mandatory for all divorcing couples.
4. Purpose of Counseling: Divorce counseling can help couples address emotional and practical aspects of divorce, such as custody arrangements and property division. It can provide a platform to discuss issues and potentially reach amicable solutions.
5. Decision to Divorce: Ultimately, the decision to divorce remains a personal one, and couples are not obliged to attend counseling if they do not wish to do so.
6. Legal Process: The legal process for divorce involves filing a petition, attending court proceedings, and adhering to the legal requirements, but it does not require compulsory counseling.

Advocate Chikirsha Mohanty LawRato