Reg. wrong report of mediation proceeding
ad
(Querist) 01 October 2014
This query is : Resolved
My wife filed 498-a, 406, sec. 125, sec. 18 of HAMA, Sec-9 of HMA etc. cases.
in 125 giving Rs. 1500/- per month.
In sec. 9 in sec. 24 I appeared in court and requested to sent her back. Judge sent the matter for mediation to other judge.
In mediation 3 dates were done, I present to all dates but she nor her counsel present in any date (absent to all mediation dates). Mediation Judge wrote in first date on order sheet that applicant- absent, respondent- Present, on next date I signed on order sheet and in last date mediation judge taken my signature and my advocate's signature on a form (in which he wrote that one party present in all dates and other one was absent).
After that I filed a application in sec. 151 and requested for daily hearing as I live about 1000 km. away. But judge dismissed my aplication and given his finding that " as per report of mediation judge both parties were absent". and granted Rs. 1500/- my wife in sec. 24.
My question is, he has given totally false finding about mediation. what is the possibility ? Whether mediation judge sent wrong report or this judge has given wrong judgement?
What should I do?
How can i prove that i was attended all the dates of mediation proceeding.
My advocate told me that the copy of mediation proceeding and report will not provide as it is confidential?
What should i do ? I was having a great chance to prove that my wife willing to misuse these law for harassing me. Which looks i missed ?
Pl. help.
adv. rajeev ( rajoo )
(Expert) 01 October 2014
First of all there wont be any judge in mediation proceedings. Advocate will be appointed as mediator, who has no right to pass any orders.
Rajendra K Goyal
(Expert) 02 October 2014
You should attend the court on dates fixed for hearing. In the given circumstances it seems difficult that court would give continuous hearing.
Raj Kumar Makkad
(Expert) 02 October 2014
Mediation proceeding is aimed to bring both parties to reach to an amicable settlement and if it fails, it hardly given any effect on the merits of the case hence there is no harm to attend it.
T. Kalaiselvan, Advocate
(Expert) 06 October 2014
If you are sure that the mediator took your signature and endorsed the contents what you have stated, you can very well go for revision against the order passed by the judge of family court in interim maintenance application. In the meantime, you can obtain the certified xerox copy of the mediation final report submitted by the mediator to the court, if your lawyer is not cooperative, you may change the lawyer.
ad
(Querist) 08 October 2014
sir,
Whether certified copies of mediation final report will provide ? My lawyer told me that it is confidential and it is not provided to any body.
