Mediation after expediting the process

505 votes

One of my friend has filed for mutual divorce. However they have also applied for expediting the process and have signed the same before the judge. I believe that means the honorable judge has approved to expedite the process. But since then we haven't heard anything from our lawyer so I would like to know after this what is the process and ideally how long will it take to complete the process.

Better you check in the office of the court. That you informed that you have applied for expatiate the proceedings. Here it is a mutual consent case. Therefore fore please check the same at court itself you will get details.

"Normally the matter will be refereed to mediation and there after due conciliation agreement will be prepared and finally after obtaining consent from the both the parties and signature will be taken on paper and the same will be placed before the judge. They once again ask both of your consent to divorce. Then they will pass the order. Normally order date will not be giving. It is the procedure. "

As you informed that both of you have filed the application. It might be ordered by the judge. So better you check the same at Court.

Advocate M Lakshmikanth Arya LawRato

657 votes

Dear Sir,
It all depends efforts of your advocate and co-operation of the other party etc. However it has to be disposed as earlier as possible as per following circular.
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Dear Madam/Sir,
You have to rely upon various circulars which says it should be closed within 12 months. You can move an application before the same court as per following circular or approach the High Court for time bound disposal
Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.


It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.


Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

Advocate Kishan Dutt Kalaskar LawRato