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Pre Litigation Mediation/Counselling and Income Affidavit
15-Jun-2026 (In Divorce Law)
Petition under Section 10 IDA (cruelty) filed 3 years ago (16 years of marriage but 10 separated ).Summons served only recently, as respondent's address unknown, as separated since long.During the 3 yrs in-between, parties maintained cordial relationship, get-togethers & travelled with 2 teenaged kids.Last date-Counsel appeared. Query: At the next date, can pre-litigation mediation/counselling be requested -VC at Belapur Family Court. Income affidavit filed before or after mediation/counseling?
Yes, at the next hearing your counsel may request the Family Court to refer the matter for mediation/counselling, particularly since the parties have maintained cordial relations, travelled together and continued family interactions even after filing of the petition. Family Courts generally encourage settlement and reconciliation wherever possible.
As regards the Income Affidavit, the requirement may vary depending on the stage of proceedings and whether any maintenance or financial relief is sought. Ordinarily, if financial issues are in dispute, the court may direct both parties to file their income affidavits either before or during the mediation process. Please follow the specific directions of the Belapur Family Court in your matter. The conduct of parties after filing may also be relevant while contesting the allegations of cruelty.
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Adv. Sanket Ganpat Khamkar
Navi Mumbai | 5+ Answers
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Yes. At the next date, parties may request referral to counselling/mediation before proceeding further. Income affidavit is generally filed when maintenance/financial issues arise and can be filed after mediation if settlement fails.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Yes... you can appear before family court through VC , as par fact you mention it will better both amicably settle the matter out of court than both appear before court for meditation, court can pass the order as par term and conditions decided by you both...
If the matter is not settled than it is necessary to file income affidavit...
Now it is binding on the to file income affidavit in matrimonial cases particularly for maintenance cases...
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Adv. Rajesh Ramprasad Jaiswal
Buldhana | 5+ Answers
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Yes, you may request mediation/counseling before the matter proceeds further and the Family Court can refer the parties to mediation if reconciliation appears possible. Income affidavits are generally filed as directed by the Court and may be required before or during maintenance-related proceedings.
I can help you review your case and guide you on the next legal steps.
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Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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The petition under Section 10 of the Indian Divorce Act, 1869 (cruelty) was filed about 3 years ago,
The respondent was served only recently due to an unknown addres,
The parties have had cordial interactions, family gatherings, and travel with the children during the intervening period,
Family Courts are expected to make efforts toward settlement and reconciliation wherever possible. Even after a contested divorce petition is filed and summons are served, either party can request,
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Adv. Fazlurrahman Shaikh
Mumbai | 25+ Answers
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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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