Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

urgent please...

(Querist) 22 August 2014 This query is : Resolved 
Dear experts,
This is narendra from Bangalore.My wife filed false 498a on me and family members in may 2013.we got anticipatory bail.immediately she has filed domestic violence case.after that in August 2013 I have filed for divorce..for domestic violence and divorce cases courts refereed for mediation.earlier she has demanded huge amount but in mediation she not agreed for amicable settlement and denied for divorce.so mediation failed..immediately she applied for transfer of both domestic violence and divorce cases in supreme court (from Bangalore to her native place in Andhra Pradesh).she has suppressed the matter of filing 498a case in supreme court..I am a permanent psu employee in Bangalore..and my aged parents are suffering from severe diseases.ii applied objections for stopping the both the transfer cases.I informed my that I am ready for agreeing any conditions for stopping, even I told him to state I am ready for paying travelling charges because she is well educated and unemployed.today hearing happened in supreme court..instead of stopping transfer of cases refereed for mediation and order ed that I have pay 25000 as travelling and lodging charges to her for attending mediation.I am ready for amicable settlement through mediation.but I am having some doubt s.I am requesting all experts please give the best advice..
1) what is procedure for mediation..definitely cases will be settled or no guaranty..main thing if possible to dismiss all cases (498a, domestic violence and divorce) I am ready to attend for mediation but already she has not agreed in Bangalore and went sc..if she is not agreeing it big loss for me..I understood that cases will be transfer ed to Andrade Pradesh.
2) is it compulsory to pay travelling charges to her for attending mediation..if not agreeing what will happen...
3) one more thing if she will not come on mediation date it is loss expenditure and time..
4)if she come also she may demand huge amount in supreme court thinking that I am agreeing for amicable settlement of cases through mediation..even in this way also mediation may fail..because intentionally she dragging the cases.if she could have agreed in Bangalore itself but not..so doubt..
5) what is chance of settlement of cases in supreme court through mediation..if she is not attending is there anything positive to me
I am asking your your advice because already I spent lot of money and now again I have to spend huge amount..I am not in a position to decide wether to attend mediation in sc...or..better to fight after transfer ing cases at native place..insteadinstead of spending huge amount..meanthing she Will come or not no guaranty.there is no chance of stopping cases..I am expecting your best advices..please
narendra (Querist) 22 August 2014
Please advice me experts
Devajyoti Barman (Expert) 23 August 2014
1. if she does not attend you can not force her. Transfer would depend on circumstances of the case.
2. In many cases courts think so.
3. If you pay the money she is bound to come.
4. Again it is her choice.
5. mediation happens when both parties agree. If you have so many ifs and buts in your mind then you yourself can refused for mediation.

We are no foreteller.
ajay sethi (Expert) 23 August 2014
your wife cant be forced to attend mediation. you will have to pay her expenses. try to arrive at an amicable settlement . you must try your best . attend case before SC
Rajendra K Goyal (Expert) 23 August 2014
Agree with the experts.


Repeated:

http://www.lawyersclubindia.com/experts/urgent-please--492421.asp#.U_gtYxu6Zjo
Dr J C Vashista (Expert) 23 August 2014
Agree with experts.

No reply for repeated query
narendra (Querist) 23 August 2014
Please advice me..urgent
Shonee Kapoor (Expert) 23 August 2014
I agree with the to the point reply given by Ld. Barman.



Regards,

Shonee Kapoor
www.shoneekapoor.com
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.
T. Kalaiselvan, Advocate (Expert) 27 August 2014
Your queries are to be put to an astrologer instead you have approached this forum asking the lawyers who are not in any knowledge about the mentality of you or your wife. the precedence of a mediation that failed in Bangalore may repeat in Delhi or may be you will find some other alternative solution or may be she will be more adamant in her resolution or may she will be demanding more than what she die earlier, all these depends on the situation, hence attend the mediation and see the results yourself.
Devajyoti Barman (Expert) 31 August 2014
author is not satisfied with reply here.
Dr J C Vashista (Expert) 31 August 2014
If still you are dissatisfied with experts advise "FREE OF COST" better to engage some prudent local lawyer to take care of your brief in a professional manner,in your own interest and benefit.
But leave this thread and platform please.
Devajyoti Barman (Expert) 31 August 2014
yes, no more query in this thread please.
narendra (Querist) 06 September 2014
dear experts thank u for advice..and sorry for posting in other threads..

dear experts as per supreme court order I decided to attend mediation and I have sent 25000 DD to my lawyer for depositing in sc..mediation is on 22nd September 2014...today after seeing cases status in sc i came to know that after mediation order for domestic voilence filed by her and divorce filed by me,now wife has filed for transfer of 498a and other criminal cases filed by her on me and my family members in Bangalore, Karnataka and filed in sc to transfer from Karnataka to Andhra pradesh..please advice me sc will transfer even 498a also...in present conditions mediation will happen or not..what are the chance s of transfer ering 498a cases.all she has filed in Bangalore and asking for transfer to her native place..how to stop the transfer of cases in supreme court..please experts Ur valuable suggestions..
narendra (Querist) 22 June 2015
dear experts thank u for your earlier advice..as per earlier conversation all the 3 transfer petition cases(divorce,dv and 498a)judgements are pending in sc..meanwhile in november 2014 wife has filed for maintenace and interim maintenance under crpc.125.i filed objections also..my wife is capable and highly qualified(MBA finance with SAp ceritified softwares)and before marriage worked as sap training faculty..but no proof of experience..but she herself deserted and for more than 3 years staying seperately.she is staying with parents in small town.even though i filed objections with cases background and above information and aged and sick parents responsiblility,legal expenses,my expenses in bangalore and travelling expenses for attending hearing every time min,Rs.3500.(900km away) and produced my pay slip of around Rs.35000..we r not having kids also.even i thought of producing judgements copies of interim/maintenace denied cases of capable and qualifed women.without considering anything judge(lady) has ordered interim maintenace as Rs.6000/- from date of order on 19/06/2014.i am not in a position to pay 6k interim..moreover final may be more !0k also based on interim..so i need your expertise advice for reducing interim maintenance..
1)is it possible to filed any review petiion in same court and for same judge..i
2)If i file review petition will it be any problem for main petition from judge.
3)filing review petition is better or going to appeal in dist.court is better?
4)6k interim is justificable or if i go for appel in superior court what are the chances of reducing maintenace based on my grounds,liablillities and my earnings..
i am requesting you please advice me what to do in these curcomstances..and tell which is best option for reducing maintennace..thank u
narendra (Querist) 23 June 2015
dear experts thank u for your earlier advice..as per earlier conversation all the 3 transfer petition cases(divorce,dv and 498a)judgements are pending in sc..meanwhile in november 2014 wife has filed for maintenace and interim maintenance under crpc.125.i filed objections also..my wife is capable and highly qualified(MBA finance with SAp ceritified softwares)and before marriage worked as sap training faculty..but no proof of experience..but she herself deserted and for more than 3 years staying seperately.she is staying with parents in small town.even though i filed objections with cases background and above information and aged and sick parents responsiblility,legal expenses,my expenses in bangalore and travelling expenses for attending hearing every time min,Rs.3500.(900km away) and produced my pay slip of around Rs.35000..we r not having kids also.even i thought of producing judgements copies of interim/maintenace denied cases of capable and qualifed women.without considering anything judge(lady) has ordered interim maintenace as Rs.6000/- from date of order on 19/06/2014.i am not in a position to pay 6k interim..moreover final may be more !0k also based on interim..so i need your expertise advice for reducing interim maintenance..
1)is it possible to filed any review petiion in same court and for same judge..i
2)If i file review petition will it be any problem for main petition from judge.
3)filing review petition is better or going to appeal in dist.court is better?
4)6k interim is justificable or if i go for appel in superior court what are the chances of reducing maintenace based on my grounds,liablillities and my earnings..
i am requesting you please advice me what to do in these curcomstances..and tell which is best option for reducing maintennace..thank u


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :