Amit (NA) 12 January 2012

Referred to legal services authority for mediation in divorc

Hi,

I have filed a divorce petition under Sec.13-1(B) and 12-1(C) against my wife.

When me and my wife attended the court, my wife claimed that I have filed divorce case in fear that she might file 498A. The judge has then forwarded our request for mediation to Legal Services Authority.

My lawyer was saying that the mediation is a must in the process and everyone has to go thru with it.

Is this true? What happens in the mediatation cell? Who presides the mediation? How to go about that mediation meeting? Can I bluntly say that nothing short of divorce is acceptable to me as she cheated me (12-1(C)) and behaved cruelly with me and my family (13-1(B))?

Any hints on exact details of this medation and what happens there would be really helpful.

Thanks

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4 Replies

rajiv_lodha (zz) 12 January 2012

Mediation cell is very good LEVEL platform to address ur issues.

Most of the stress is to reconcile.

In our city.....I know......An appointed advocate presides over the cell.

U can say anything there.....nothing will be kept on record. As I told, maximum effort is 4 reconciliation. If MCD is in the pipeline, deed can be finalised there.

If mediation fails, a simple FAILURE REPORT is submitted back to trial court......case starts from the level it was suspended.

U take this oportunity to bring forth ur issues & try 2 go 4 MCD.

1 Like

Chaitanya_Lawyer_Mumbai (Lawyer) 12 January 2012

First reconciliation will be tried.then efforts would be made my mediators to file MCD with alimony agreed by both.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 January 2012

No reason to differ.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Amit (NA) 29 January 2012

Thanks. From my perspective reconciliation is ruled out. Also the section I filed cases are 12-1(c) and 13-1(ia) and not 13-1(B). Just to give some more details, she cheated me regarding her DOB. I was told she was one yr younger to me. Now, I have in my possession documents where some of them (passport etc) have her DOB as one yr younger to me and some (her education docs) have 7yrs elder to me. So I went and filed a divorce case.

I'd like to know from legal experts here as to what all criminial cases I can file against her.

I'd like to file criminal cases for not only cheating me but she also cheated in getting passport with wrong DOB. Please advice on the sections under which criminal cases can be filed.