• Restitution of conjugal rights

I have filed restitution against my wife. She did. It attend the first hearing and after a private notice she attended the hearing and court ordered for a mediation. She dint not appear on the date fixed after consulting her for mediation and gave silly reason of work. They have fixed another date. What will be the proceedings hereafter if she doesn’t appear for mediation. The next hearing date is 20 days from now. How long do we have to finish the mediation. And I have a 4 year old daughter she is not showing her either. If we ask for visitation rights when will the court order and how many days will we get as visitation.
Asked 3 years ago in Family Law
Religion: Hindu

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6 Answers

If wife dies not attend for 3 consecutive dates report would be sent that mediation has failed 

 

2) wufe has to file reply in case filed by you if she desires to contest the proceedings 

 

3) you can seek visitation rights 

 

4) court would grant visitation rights but may take 6 months or so 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

- As per law, after receiving the summon of the court , she should reply the petition filed by you 

- Further, the court can send the matter for settlement before starting the trial, however either of the party can refuse for the settlement of the case after putting conditions 

- Further, if the matter will not settle before the in mediation , then the matter will proceed for the conclusion of the case after giving opportunity to both the parties for proving their respective cases. 

- You can file an application before the court for getting visitation right. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You will get exparte order in your favour 

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

If your wife is not attending the mediation for another two hearings, then the case would revert to the regular court for processing the procedures as per law.

If you have already filed the Child custody case you have to insist on disposal of your visitation rights application expeditiously 

Time taken will depend on the steps you would initiate in this connection. 

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

Dear client I'm sorry to hear that but in this case you can approach the good for ex parte degree if mediation does not workout and she does not approach the court on the hearing date

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

 

  1. If a party does not appear for mediation, it will be closed and Court will proceed with case.
  2. A petition for visitation will not take more than one month for order, it is allowed in all cases allowed.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

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