Divorce Mediation

Divorce Mediation

Divorce mediation is a new process in India where husband and wife, will meet a legal third-party person who will help to resolve their dispute at an amicable mediation under an alternative dispute resolution (ADR). It not the parties are allowed to go through the legal process, instead, this process will help to resolve issues through methods such as negotiation, mediation and arbitration.

Table of Contents

1 Achieving Successful Divorce Mediation2 Judicial Separation3 Conversion4 Grounds for Divorce (Section 13(1))5 Grounds for Divorce (Section 13(1A))6 Effects of Judicial Separation7 Rescission of Judicial Separation Decree

Achieving Successful Divorce Mediation

Divorce mediation is a private and confidential process facilitated by a neutral mediator to work out and settle the divorce between the parties. Here are a few steps to achieve successful divorce mediation:

  • Before entering mediation, as a litigant, understand the effects of your case and realize your issues in front of the mediator.
  • The primary aspects in divorce mediation are:
    • Child Custody
    • Child Support
    • Permanent Alimony
    • Asset Division
  • Know your rights and obligations. Participate in the mediation process to understand both parties' perspectives.
  • Understand the ground for the mediation settlement.
  • Be prepared to negotiate, avoid arguing, and aim for resolution.
  • Avoid making open offers at the start of mediation.
  • Involve a lawyer in the mediation process to help with negotiations and drafting settlements to ensure terms are beneficial.

Judicial Separation

Judicial Separation falls under Section 10 of the Hindu Marriage Act. Judicial separation refers to the termination of marital obligations by the court, where both husband and wife remain legally married but do not need to perform marital duties such as cohabitation. The purpose of Section 10 is to preserve the marriage bond if a husband and wife decide to separate but do not want to end their marriage. In a way, it gives a chance or judicial separation if they later agree they deserve and want to reconcile, they can cancel the decree.

Conversion

  • Renunciation is valid ground for divorce
  • Presumed Dead

Grounds for Divorce (Section 13(1))

  • Adultery
  • Cruelty
  • Desertion
  • Conversion
  • Unsoundness of Mind
  • Leprosy
  • Renunciation
  • Presumed Dead

Grounds for Divorce (Section 13(1A))

  • Non-resumption of Cohabitation
  • No Restitution of Conjugal Rights

Effects of Judicial Separation

  • Parties are not bound to live together as couple
  • Marriage is still legally bound
  • Parties can resume cohabitation if agreed
  • A separation can't remarried for a year unless it becomes grounds for divorce under Section 13(1)(i)

Rescission of Judicial Separation Decree

Parties seeking to rescind the decree of judicial separation can apply to the court under Section 10(2). The court will evaluate the application and if satisfied, cancel the decree of judicial separation under Section 10(2).