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At which stage does trial actually commence


17-Jul-2023 (In Divorce Law)
Hello, In divorce cases... 1. In first hearing, the Family court judge will have a short discussion with husband and wife in judge's chamber to Know the contraversy between parties. 2. Later judge refer both parties to go to mediation center to compromise. 3. If it fails, then court will ask the parties to appoint lawyers. 4. Lawyers will file vakaltha and thus case will continue... My question is, by steps 1 to 3 whether we could say already TRAIL started or not....? Whether steps 1 to 3 are also come under TRAIL...?
Answers (3)

Answer #1
759 votes
No steps 1 to 3 does not come under trail. When the mediation was failed the matter comes back to the court and the court posts the matter for trail. Then you can file your affidavit by describing your grievances and documents if any in support of your grievance.

Answer #2
878 votes
Dear Client,
It is all pre trial procedure. Court will ascertain whether parties to the marriage will compromise or proceeded with the case. Generally courts will see that, both the parties to the marriage will have to lead matrimonial life. If court feels that there are no chances of getting the couple to lead matrimonial life, then court will proceeded with the trial of the case to grant order of dissolution of marriage or not.
Answer #3
949 votes
Hello,

Once the pleadings and inquiry of both the parties is over, the case will be posted for trial. So by steps 1 to 3 that you have mentioned, we cannot say that trial has started as the steps are followed during the initial stage of the case proceedings.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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