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Whether mediation cna be approached in 125 crpc

(Querist) 19 April 2014 This query is : Resolved 
Sir,
In my family case, my cousin was directed to file the interim maintenance to children ( u/a 125 Crpc) but rejected the claim of the married woman as she is earning. But JMIC court has awarded high maintenance and against the order we move to the Session Court for revision of the interim order.the jMIC court has now fixed for Prosecution Evidence (PE) and next date of hearing is in May 2014 and besides there are 498-A/DV cases which are pending before different JMIC court and next date of hearing will be on July 2014

Please inform under such circumstances can LdJMIC (( where 125 CrPC) is pending ) be pleaded to send the matter for mediation of 125 Crpc Case? whether we have to move an application for transfer of case for mediation??
Devajyoti Barman (Expert) 19 April 2014
Matter to mediation is sent only if there is chance of settlement or both parties says so.

If wife's side does not want then sending matter to mediation would be a futile exercise.
Rajendra K Goyal (Expert) 20 April 2014
Yes if both parties agree to it.
Biswanath Roy (Expert) 20 April 2014
Mediation of a case u/s.125Cr. PC is not possible. IF ANYBODY CHALLENGES THE QUANTUM OF ALIMONY HE MAY SEEK REDRESS U/S 127 OF THE SAID CODE.
T. Kalaiselvan, Advocate (Expert) 21 April 2014
If there is a possibility for mediation in 498a case, there can be a possibility for 125 cr.p.c. too. But it should be a joint motion.


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