• Counselling sessions in court

I am 56 yrs lady separated since 2000. I filed for divorce in April 2013. First it was mutual then my husband changed his stance and wants to fight. In my first counciling session I was shocked when the councillor called for my son who is 31 yrs and living with me with his wife. My husband demanded that the house which I have inherited from my mother should be 50% transferred to my son only then he will agree on mutual divorce.... This was endorsed by the councillor. Was that legal for the councilor to say? My next date is 26 February 14
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
First make the point clear to Counselor that your son is not the party the suit being reconciled. Don't allow them to involve your son in your case. Whatever discussed in the conciliation wont effect in your case,unless you agree to settlement and same is reproduced and signed by you. Before signing the Conciliators report make doubly sure that proceedings are correctly rerecorded.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
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the recommendation of counseler have no value until you are not accepted the terms
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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don't bow down to your husband demands . it is house you inherited from your mother . you can bequeath it as you please . your husband has no business to dictate to you . even if counsellor endorsed your husband idea you need not agree to it
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
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The counselor can make a 'suggestion' to you but cannot pass an 'order'. Hence, it follows that you have the right to reject all the demands made by your husband and countenanced by the counselor. The house that you have inherited from your mother belongs absolutely to you. It is your prerogative as to who gets a share in the property. Involve your lawyer in the proceedings at every stage and do not sign any report of the counselor without the authority of your lawyer.
Ashish Davessar
Advocate, Jaipur
18161 Answers
449 Consultations
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Counselor is there to make compromise between parties if u donot agree it is not going to effect your case so donot sign at the report of counselor
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Hi,
 It seems counselor was  overstepping into the matter as per your husbands demands. Your adult son has  right in your inherited property after your death and this can not be a part of your divorce counselling as the married son is not a dependent to be taken care of. Do not agree to this suggestion and if you have problem with the counselor report your advocate and let he/she take the proper steps to mange the situation.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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