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Littlepoor (Engineer)     20 November 2014

Does transfer petition linked with mediation anyway?

Respected Members,

I filed for a transfer petition in Madras High Court from District Sub court, since it had been dragging for years. It was told by my lawyer, that I have to appear for mediation, before it get transferred. I want to know, in what way, the judge would have ordered for mediation for 4 years dragging case. I already told more times in the sub court that I am not ready for mediation. My queries are:

How can I say that I am not ready for any mediation. Since there are false allegations filed in reply of my divorce petition, I am not ready for any sort mediation. 

        Kindly let me know your valuable suggestions. I loosing hope in lawyers (as 2 lawyers cheated me for these years) I am sorry to say this. But this is my worst experience. Seems 99% of lawyers have no professional ethics.

 



Learning

 4 Replies

Littlepoor (Engineer)     24 November 2014

Hi,

 Is there anyone who can answer to this question ? please ..


(Guest)

Once the case is filed first thing the court orders is mediation.  You should attend mediation.  

Tell mediators about your stand and why you have filed for divorce.

The mediators wont force you to take back your wife.  They will also ask your wife as to what happened and why her husband has filed for divorce, ask her if she is ready for reuniting with husband.

You speak your mind and tell them what you feel.  Without knowing whats in your mind the mediators cannot simply write a report that mediation has failed and send it to the judge.

At the same time wife can also keep asking court to send her for mediation, via suitable application.


Until unless you attend mediation the case wont get transferred.  Go attend mediation.  Tell them your stand.  Or else it will amount to NO SAY/acceptance from your side that you have committed all what has been alleged in her petition.


In all of this what is bothering you?  Why you dont want to attend mediation session?? Are you afraid of something?

Littlepoor (Engineer)     24 November 2014

Thank you for answering.

Already I gave my stand in the subcourt, there were false allegations as a reply to my RCR petition in 2010, which got converted to divorce petition in 2011. Since it was dragging in sub court , I moved to high court. Also my lawyer was helping them to drag it further. The lawyer which I approached to file transfer petition to high court seems started working to drag. So only I got this doubt.

Filing false allegation as reply and dragging it these many years doesn't make any sense for mediation. So I asked this question to forum. 

I can go and say the same thing in any mediation. But I didn't see any use.

 

Thanks and Regards

 

 

T. Kalaiselvan, Advocate (Advocate)     25 November 2014

If you are not ready for compromise through mediation or any talks through mediation, you may make your stand clear about it by appearing in person before the mediator and express your views and unwillingness and request the case to be reverted to court., your request will be accepted.


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