Regarding mediation
SURAJ
(Querist) 11 November 2017
This query is : Resolved
my wife file a false 498A, 379, 506, and i applied AB for my family after 2 month judge given date for mediation as they harass and torture mentally from last 2 year so i won't allow her to come again. my question are
1 can mediator pressurized to take her back.
2. if i say i don't allow to come back to mediator ,is it possible that judge reject my family AB.
3.what are point i say to mediator so final result will be mediation fail .
Vijay Raj Mahajan
(Expert) 11 November 2017
No one can pressurize you to take back your wife to your matrimonial home. You can always refuse for the same in mediation and ask for divorce from her.
In mediation the explore possibilities to restore conjugal relationship is always there but if that is not possible the dissolution of marriage by mutual consent is the second option.
The divorce by mutual consent can be worked out by making both parties to agree for permanent alimony to be paid to wife by husband, the amount to be agreed by both, the return of all istridhan of wife from the husband and his house and withdrawal of all criminal charges and cases filed by both sides against each other.
As far AB is concerned that the courts in most such cases agree to provide as the matrimonial disputes between both sides are supposed to be resolved amicable one day and criminal complaints u/s 498A IPC etc. are in most cases get disposed off either by discharge or acquittal of the accused. The regular bail too is being allowed in such complaint cases.
SHIRISH PAWAR, 7738990900
(Expert) 11 November 2017
1 Can mediator pressurise to take her back
No mediator will not pressurize you to take her back. Mediator will try save your marriage and if it is not possible then try for mutual consent divorce between the husband and wife
2. If i say I dont allow to come back .........
There is no connection of mediation and AB application. Now as per latest Supreme Court judgement Anticipatory Bail is possible in 498A cases
3 What all point to say ..........
I would suggest to take advantage of mediation if you want divorce. Mediator will try to settle the dispute amicably and if it is not possible mediator will suggest for mutual divorce.
Rajendra K Goyal
(Expert) 11 November 2017
Well advised, agree with the expert Vijay Raj Mahajan.
Dr J C Vashista
(Expert) 12 November 2017
I fully agree with the expert's advise.
Nothing more to add except to consult and engage a local lawyer for proper proceeding.
