Family cases

Dear Client,
Mediation and counselling can help resolve disputes amicably without prolonged litigation. On the appeal of either spouse in a RCR or divorce case and based on the factual matrix of the case, courts often recommend or mandate for mediation before proceeding with the RCR petition or divorce petition. Mediation helps by resolving disputes amicably outside of court. It addresses issues such as alimony, child custody, and property division through mutual agreement, which can significantly reduce the time spent in litigation. An out-of-court settlement, documented and approved by the court, can expedite the litigation process. The spouse who doesn't want to resolve the dispute through mediation, can contest the divorce petition and present their case to the court. When a wife files for Restitution of Conjugal Rights and her husband filed for divorce, it can lead to a complex legal situation with several potential consequences. The court will examine the wife's grounds for RCR as well as evaluate the husband's reasons for seeking divorce. Accordingly, the court's decision will depend on which party's claims are deemed more credible and legally justified. If the wife's RCR grounds are accepted, the divorce petition is likely to be dismissed by the court and the RCR proceedings shall continue. If the wife's RCR grounds are rejected, the court may allow the divorce petition filed by husband and pass a decree of divorce . So, considering the complexity of the cases filed by both spouse against each other, it is advisable to consult with your counsel/lawyer to understand your rights and remedies to defend the cases effectively before the courts.