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Counsellin in mediation center got failed. Will judge consider report?
26-Jul-2023 (In Divorce Law)
I filed sec 9 on my husband and mentioned dowry harassment. And my husband filed sec 13 1 ia. In counseling I mentioned same point. My husband denied as fake allegations. Mediation failed. Can I get counseling papers? Now can I file MC before judgement on divorce? December next hearing.
Dear Sir,
When the mediation is failed the report of the mediator consists only one sentence that mediation is failed. He is not supposed to send the notes prepared by him during the mediation. Thus, the Judge may not come to know what has happened in the mediation.
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Adv. Kishan Dutt Kalaskar
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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Mediation is only for the purpose of aiding the parties to come to an amicable settlement or solution. If mediation failed then the divorce case will proceed accordingly. Maintenance case can be filed by your wife within the divorce case or separately as per her need.
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Dr. S. Diraviam Dinesh
Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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Yes you can always apply for the certified copy of the Mediation papers. And you are at the liberty to file a petition under section 125 CrPC to claim your monthly maintenance. And if there's no scope of living together then rather stretching the relationship it's advisable you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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The court generally does not provide the counselling papers and its report to the parties. The judge considers the counselling report but the result of mediation /counselling is not very relevant since the court primarily considers the arguments between the parties before the court.
Yes you can definitely go for mutual consent divorce anytime before the judgement is passed in your matter.
If any assistance needed in filing mutual consent Divorce, you can let me know.
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Adv. Rahul Mishra
Adv. Rahul Mishra
Mumbai | 200+ Answers
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The Judge will consider the mediation report to a limited extent that the same has failed and will proceed with the case on merits. No you will not get the counseling papers. Since divorce petition is pending the same can be converted into a MC if both the parties agree
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Mediation proceedings are confined to the parties and mediator only. One cannot get the counseling papers. only mediator is supposed to file his report on the fact whether mediation is succeeded or failed. no discussions held in mediation can be filed before court.
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Adv. Pratima Sharma
Adv. Pratima Sharma
Delhi | 50+ Answers
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Dear Client
1. Query 1: Court counseling is a private discussion, where both parties talk with each other for coming on a mutual settlement. Whatever talks happen there are confidential and can't be written on papers, However If counseling is successful then all the terms of mutual settlement are written on papers and counseling reports are supplied to the court. However in your case where mediation failed only failure reports are submitted in court without any facts.
Query 2 : You can file Sec 125 Maintenance Case at any stage before deciding of the Divorce case.
Hope this was helpful for you, for further queries feel free to contact me.
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Adv. Mohit Rajput
Adv. Mohit Rajput
Delhi | 100+ Answers
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first of all if you mean you want the 'mediation papers' that took between you and your husband with the order of the court than NO, you can not get those papers, reason being it is not admissible in the court of law.
Also, if by saying MC you mean maintenance case than yes you can file it but there are few things that should be taken care of ..
I would require a few more details to advice you best.
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Adv. Shikhar Aggarwal
Adv. Shikhar Aggarwal
Delhi | 25+ Answers
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