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Rahul Sharma (Others)     08 January 2013

Mediation on bail order

Hi All,

Please guide and support.

Marriage lasted for 4 months, wife left matrimonial home after that and till today i.e after almost one and a half year not interested to join nor allowed husband to consummate the marriage during her 4 month of stay (giving excuses every time)

 

Husband files RCR with the intentions of saving the marriage after waiting for 8 months and after all requests.

 

Then Withdrawn RCR after 1 year of useless battle seeing no fruitful outcome and see their unreasonable monetary demands...in RCR petition and WS both agreed that marriage was not consummated but blamed each other and she mentioned that he unwillingness to join matrimonial home.
 
Now after a separation of 1.8 Months, she has filled Complaint in women cell Delhi this month. They have issued a notice to me and my parents.
 
This is the very first complaint or case from her side against me and my family, we have already attended first meeting in CAW and after first meeting we went for Notice/AB in KKD Court, but court after listing to both the parties directs to go for court mediation and have given a date after one month to settle out the situation, stating that there is a possibility of settlement.

We did went for first mediation but again over there as well they are demanding huge amount (LACS) from us which I seriously can’t afford.


Now in mediation as well the mediator is suggestion to sort out the case by money and gave two weeks time to both the parties directing them to come down in amount and vice versa.


Kindly suggest


What happened or will happen to our Notice/AB Application in Delhi District court?


Is mediation a normal route by court generally in AB request?


Thanks and regards,
Rahul Sharma



Learning

 3 Replies

Tajobsindia (Senior Partner )     09 January 2013

1. District Court is awaiting report of mediation.
2. No it is not usual but seeing the typical facts Court thought to give a chance to spouses to come together without spending more time in Court cases.

So now ball is in your turfs.

1 Like

rajiv_lodha (zz)     09 January 2013

Even high courts provide interim bail to the accused n send the couple for mediation. It happens frequently. But it never means that boy has 2 agree for unreasonable demands to get bail. The original bail case wil be decided on merits only, even if mediation fails

Rahul Sharma (Others)     09 January 2013

hmmm...Thanks for the guidance.


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