Mediation is of great importance in family law disputes. In this article, Vishal Saini Advocate has explained How Is Mediation Useful in Family Law Cases?
Mediation is a process in which a neutral third party, called a mediator, helps parties in a dispute reach a mutually agreed upon resolution. In the context of family law cases, mediation can be a useful tool for resolving disputes related to divorce, child custody, and other family-related matters.
Marriage a religious Sacrament
In Hinduism marriage is considered to be a sacred bond. In Hinduism, it is believed that It joins two people in a bond that lasts until death. Marriage becomes valid only when rituals and ceremonies are performed. The wife is also called Ardhangini which is known as half of the man Hindu marriage is believed to be a religious sacrament.
The Vedas hold Hindu marriage as Sacrament sanctifying the body and this is why marriage is given more importance by Hindus.
But, In married life “cooperation” from both people is always necessary.
Married life is not successful if only one party always compromises. Take the example of a Bike:- Till where the bike can run if only one tire is moving while the other is not moving? or till where the car will go if you did not put fuel in it?
The Ultimate Solution is that a person will have to replace the tire to run the bike smoothly and add fuel to the car
Decision of Divorce
So Deciding to get divorced is difficult for anyone, especially because you know it is only the first of a million life-changing decisions you will be expected to make before it’s over. And if you have children together, it’s very difficult to take this decision. But what do you think staying in an unhappy marriage is better than Divorce? What is important in our life that matters? I believe mental peace is more important in anyone’s life. One can stay without married life, but one can’t stay without having mental peace.
Role of mediation
I have seen in my practical life that many couples going through Divorce automatically start looking for lawyers and begin the litigation process. Unfortunately, these couples spend years of expensive time in court, getting more anxious, frustrated, and desperate as time goes on, not knowing there are other options available for them to solve the matter as it’s always in the interest of the state as well as the interest of parties that there shall be an end of litigation. But the question is, How?
Read if you are women:- How to divorce your Husband
The importance of mediation in family law cases
There are several benefits to using mediation in family law cases:
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Cost-effective: Mediation is typically less expensive than going to court, as it allows parties to avoid the high costs of litigation.
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Time-efficient: Mediation can be a quicker process than going to court, as it allows parties to work towards a resolution at their own pace.
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Confidential: Mediation is a confidential process, which means that discussions and agreements made during mediation cannot be used as evidence in court. This can be especially beneficial in cases involving sensitive or personal matters.
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Empowering: Mediation allows parties to take an active role in the resolution of their dispute, rather than leaving the outcome in the hands of a judge. This can be especially useful in cases involving family-related matters, where ongoing relationships may be important.
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Customizable: Mediation allows parties to craft a resolution that is tailored to their specific needs and circumstances, rather than being limited to the options available in court.
How to get a Divorce if mediation is not successful in your case
In India Under Hindu Marriage Act one can take two types of divorce as mentioned below:-
The first thing you need to keep in mind is that you don’t have to face the situation of divorce
Get married only when you are ready
Deciding to get married is a big step and it’s important to feel ready before taking the plunge. In India when a girl crosses 18 years parents started rushing for marriage and start searching for the respective groom. The mentality in mind of people is that just get married even if you don’t know that person. Marriage is considered a duty of parents. But it’s incorrect. Ultimately, the decision to get married should be based on what is right for you and your partner. By taking the time to understand yourself and your needs, communicating openly with your partner, and seeking support when needed, you can be confident in your decision to get married when you are truly ready.
Contested divorce
A contested divorce is a divorce in which the parties are unable to agree on one or more issues, such as property division, child custody, or spousal support. In a contested divorce, the parties may need to go to court and have a judge make decisions on their behalf. The process of a contested divorce can be lengthy and costly, as it involves legal proceedings and possibly multiple court appearances. It is generally more time-consuming and expensive than an uncontested divorce, in which the parties are able to agree on all terms and simply need to have a judge sign off on their agreement.
If you are considering a contested divorce, it is important to seek the guidance of a qualified lawyer. A lawyer can help you understand your rights and options, as well as represent you in court.
Divorce can be granted mainly on these grounds:-
- Firstly Either the Husband or wife had voluntary sexual intercourse with any person other than his or her husband/wife.
- Either of them treated others with cruelty. Cruelty can be defined under two heads A. Physical Cruelty (Cruelty which is a ground for dissolution of marriage under the Hindu Marriage Act may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger ) B. Mental Cruelty (Behaviour that makes a person suffer emotionally)
Further, there are more grounds like:-
a. Either of them has left others for a continuous period of not less than 2 years.
b. Ceased to be Hindu.
c. Either of them is of unsound Mind/Suffering from a mental disorder etc.
Process of Contested Divorce:-
There are several steps involved in a contested divorce, including:
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Filing for divorce: One party will need to file a petition for divorce with the court and serve the other party with the papers.
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Responding to the petition: The other party will need to respond to the petition and may also file their own counterclaims.
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Discovery: The parties may engage in the discovery process, in which they exchange information and documents relevant to the case.
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Negotiation and settlement: The parties may try to negotiate a settlement outside of court, with the help of their attorneys or a mediator. If a settlement cannot be reached, the case will proceed to trial.
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Trial: If the case goes to trial, both parties will present their arguments and evidence to a judge, who will make decisions on the disputed issues.
Read: How to Divorce Your Wife Without Paying Alimony
Mutual Divorce
The easiest form of divorce is mutual divorce here in this divorce couples have to present a petition together before the principal judge in family court ( with help of an advocate). Then the court grants divorce within a period of 6 months from the date of presentation of the petition.
FAQs (Frequently Asked Questions)
- Which divorce is beneficial for me?
-> Mutual divorce is generally beneficial for most couples. Since it just takes a period of 6 months from the date of filling
2. How much time contested Divorce takes?
-> If your advocate has knowledge of the law he can assist you to get a contested divorce in a period of 1 year. (Maximum) . As per provisions of section 21B (1) and (2) of the Hindu marriage, act trial should on be held day to day basis
3. How to register FIR on the husband/or his family?
-> You can make a complaint to the police simply in writing by hand or by post also. But however, advised that you must contact your advocate for the same. So that he can guide you about the pros and cons of the same.
4. Benefits of Mediation in family law cases
-> Parties can save time and sometimes rebuild their married life in matrimonial disputes.
5. How to take legal advice for divorce Online?
->. You can contact me at +91-9991188899 to take legal advice for divorce.
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