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What are provisions of mediation after filing for divorce
17-Feb-2023 (In Divorce Law)
I want to ask you about mediation procedure as my husband has filed for divorce. Is mediation mandatory and my husband has to come or is it not compulsory? If it is not compulsory then what we shud do so that he cud come for mediation. He has taken my son who is 3 and a half years old with him to Australia where he resides
You must immediately file a case for custody of your child. Moreover, without your consent has taken away your son. You can lodge an FIR too, moreso mediation is a part of court procedure, if your husband doesnot come you can record things your way.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Madam, Your questions did not clear enough. Though I understand that, your husband live in Australia and you in India. My question is where your husband filed Divorce. If he filed Divorce in Australia. Then I don't say anything about Divorce Act in Australia. but if it in India. Then I say you that, Mediation is a process, where the Ld. District Judge or other Judges can follow in a Matrimonial Suit for bridging the relationship in between the parties or reunion the parties and try to back them in their right track for continue their matrimonial life. Here, if the Court finds that, after perusing the Plaint and W/S that there is no such chance to reunion. Then though in record they fixed a date for Reconciliation, But actually proceed for hearing the Suit.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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