Counselling and Mediation Process

645 votes

S.Gunasekar Answer. 1. Counselling Attendance: Yes, attending court-ordered counselling (especially in family courts) is usually mandatory. However, if you're unable to attend in person, you can request virtual counselling or seek an exemption through your lawyer by citing valid reasons (like work constraints). 2. Mediation & Joint Property: Mediation is voluntary and aims at mutual settlement. Joint property (like house, land, etc.) is discussed if both agree to divide or sell. Property acquired jointly (in both names or during marriage) can be split based on contribution or mutual understanding. If no agreement, court may not enforce division unless it's clear both parties have ownership. Tip: Let your lawyer handle regular hearings and file for exemption from personal appearance if needed.

Advocate S Gunasekar LawRato

932 votes

It is mandatory to attend at least the initial counseling session in a divorce case under Indian law, especially if ordered by the court. Repeated absence without valid reason may lead to adverse inferences. You can file a transfer petition before the High Court or Supreme Court to shift the case to your current city, citing hardship in travel. Regarding joint property, if it is jointly owned, the court can decide on equitable division based on contribution and need, or the parties may arrive at a settlement in mediation. Mediation is voluntary but strongly encouraged for amicable resolution. If you’ve filed RCR (Restitution of Conjugal Rights), that proceeding will also be considered by the family court in parallel.

LawRato LawRato

689 votes

Attendance at every hearing is not mandatory, especially when represented by an advocate. However, your presence is generally required during court-directed counselling and mediation sessions, as these are personal in nature and aim to explore possibilities of reconciliation or settlement. Failing to attend without valid reasons may reflect poorly on your conduct. Regarding mediation and joint property division, mediation is a neutral, court-facilitated process where both parties can negotiate issues like property, maintenance, and custody with the help of a mediator. If you and your wife jointly hold assets—such as land, house, or bank accounts—division will depend on ownership documents, contributions, and mutual agreement. If no settlement is reached, the court will decide based on evidence and applicable laws. We can represent you throughout, seek exemptions for non-essential hearings, guide you on strategy, and ensure your rights are fully protected in mediation and court proceedings.

Advocate Arjun S LawRato

768 votes

A petition filed by u for conjugal rights should appear before the court in the first hearing and if it is necessary you in next hearings connect with your advocate and whether you r necessary to attend sir

Advocate Veni LawRato