Can high court refer husband wife for mediation in divorce matter?

[Anonymous]

An appeal is filed in the high court in a divorce case against decision of the family court. If I (husband) make a request to the high court for referring the matter for mediation with wife through some mediator, can the high court do it? And will high court do it if it has the power to do so?

[Dr. Ashok Dhamija]

Yes, the high court can refer the divorce matter for mediation during the appeal stage. There is no legal bar for this.

You can make a request to the high court in this regard if you feel that there is scope for a successful mediation and successful resolution of the problem with your wife.

If a compromise is finally arrived at between the two parties, the high court can pass order on the basis of such compromise on which both parties consented.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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