Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prakashit   04 September 2015

Fraud in mediation for divorce

Respected Members, I got married 8months ago. Due to some reasons me and my wife were away from each other just after 3 days of marriage for 18 days. The we returned back to calcutta. Only me and my wife were staying in a rented house. For 15 days we had nice time aftet coming to calcutta. Ours is an arrange marriage. Before marriage i was told by her family that girl wish to do a job after marriage. So when we reached calcutta i asked her to start looking for it. I had asked her just 2 times. On second time she said she dont want to do a Job. I was a bit disappointed. But i said its ok. But now the girl took seriously my disappointment that lasted for just 2 hours. She started stating this all around that i force her for job. I asked before marriage that if i had any relation with any girl. I replied no as i didnt had any. Then they said same is with the girl, she didnt had any relation. After the job finding incident. My wife started behaving strange. She was not talking properly to me. Was not letting me get close to her. She used to complain about all false things against me to her home. Her parents used to call my parents and the i was scolded and had to explain the fact. Before i thought she is upset due to the above mentioned reason. 3 months passed and then i told at my home about her behaviour. Then i had a doubt also that she had and is continuing relation with someone. Accidently i found that she had a relation. A fraud was made with me by her family and her by saying she did not had any relation. From her call logs i came to know she is still talking to that guy continuously. And also she went to patna a few days where the guy works. She was continuosly lieing me about everything. When i told this all at her home, all went against me, they were still supporting her saying she did not have relation. Finally her parents came to my home with their lawyer and a mediator saying they can grant us divorce by mutual concent in 6 months which was not possible as per law. We opposed their views of 6 months divorce but they were stubborn. Finally we showed them some supreme court judgements against their 6months views and then they agreed. We were called for a mediation amd we went. There i found the same mediator. I explained him the case. We signed on a agreement for divorce and others terms. The mediator said as i cannot come regularly to court so i can sign a award certificate for the lok adalat. So that i will get the certified copy of agreement in two - three days. Trusting on the mediator i signed on it. Later we were told that copy will be provided by lok adalat and we will not get it till then. I came to know the mediator and the opponent lawyer are married to each other. I doubt i am caught in some dirty game by these people but i do not have any proofs against it. Please suggest. I cannot file any case based on my doubts that the mediator had manipulated the agreement and will not use the signed award certificate in worng way. Please help. Thank you.


Learning

 2 Replies

KS Johal   04 September 2015

If you have dealt with the mediation service then you should lodge a complaint with the mediator line manager. At the same time you should be looking at other mediation services that are similar to the one that you used. What you should also do is and before you launch the complaint you should do your research in finding other mediation services. You should then approach the new mediation service and tell them that there are a few facts that I would like to change within what I had already agreed with the previous mediation services. Before you agree with the new mediator you should also say whatever is agreed I need a copy of it before you even take it to any adalat. I will proofread it before proceeding further. Generally mediation services are not people who favour divorce they generally help assist people to sort out their issues and problems and to stay together. It is a sad fact that this other relationship existed and the girl got married to yourself. If you really want to divorce you could use the option of adultery within the marriage to be the main facts of your petition. I am not sure whether you intend to stay with this girl and whether she agrees with you not to continue with the other relationship within your marriage. The question is is she willing to give up this other person? These things to exist in our society, eg the girl will get married because her parents and relatives are pushing her to have a arranged marriage. This is a common fact in our society. This is done basically to please the family and parents. The girls generally will do this sometimes the boys also do this but the fact is that this relationship of arranged marriage does not last because if they had an external lover that lover will always be there. Often they are thinking of how to break the marriage so that the lovers can stay together forever. The arranged marriage scenario exists because of the caste system, age and other complicated matters. Parents do not agree for their daughter or their son to marry out of caste or even a younger or older person. I hope this helps. KS Johal ksinghjohal@yahoo.co.uk

Prakashit   04 September 2015

Respected k s johal sir, I agree to what you said. I do not want to live with the girl and she also do not want to live with me. The case here is that i dont want to get the matter to any adalat for divorce, i want it to get this done by divorce by mutual consent. The mediator has made me to sign on the award certificate, this i was suppose to sign in lok adalat. I was not given the signed copy of mediation agreement saying its a confidential process. My concern here is that if the award is misuesd by the mediator it will be asumed that i have agreed to the terms in the agreement. There is a posibility of the agreement to be manipulated. So if you could please let me know what should be done so that i be on the safe side till i sign on the award by my own in front of the lok adalat. Thanks for all your help..

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register