The woman had contended that she wrongly accepted the terms of getting divorced on the basis of mutual consent because her lawyer was not present to guide her when the marriage counsellor drew up the terms.
The family court recently turned down the plea of a woman who refused to accept the consent terms she had signed with her estranged husband while seeking divorce.
Claiming that she did not understand the terms put forth by the marriage counsellor, she said she was shocked that her husband had filed for divorce on the ground of mutual understanding and that she wanted to pursue the matter on the merits of the case.
The court presided over by principal judge Dr Laxmi Rao, in her order, said marriage counsellors, whom the court refers estranged couples to, would never misguide anyone. "I find that the parties have signed the consent terms on 23.3.2015 as well as the application for conversion of the unilateral petition into a petition by mutual consent. It is unbelievable that the marriage counsellor will compel or pressurise any party to settle the matter. Unless it is by their own volition, their signatures are not forced on the consent terms. Some parties even agree to settle the matter and, when the consent terms are drawn up, back out and do not put their signatures," held the court in its order.
The woman had contended that she wrongly accepted the terms of getting divorced on the basis of mutual consent because her lawyer was not present to guide her when the marriage counsellor drew up the terms.
The court further said, "Nobody compels anybody to settle the matter unless they themselves are convinced and agree for the same. Hence, in my view, this application for backing out seems to have been made without any genuine reason. Even if it is recorded in English, it is explained to the parties in the language known to them before their signatures are obtained."
The court added that it is unfortunate that some parties are wrongly advised to make such applications which are creating impediment in the smooth progress of the work which the court and marriage counsellors are doing with "sincerity of purpose".
The court has granted divorce to the couple and awarded a total alimony of Rs1 lakh to the woman.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}