Mediation Cannot Be Forced in Mutual Consent Divorce Cases; Trial Court Order Set Aside: Calcutta High Court

The Calcutta High Court has held that couples seeking divorce by mutual consent cannot be compelled to undergo mediation against their wishes. The Court set aside the order of the Trial Court which had dismissed a joint divorce petition only because the husband and wife did not appear before the mediator. The Division Bench held that such an approach was contrary to law and based on a misunderstanding of the…