Nishant (abc) 25 September 2012

Mediation in dv case

Hon'ble Court has sent the matter between parties to mediation cell, Respondent (the Husband) said in the court that he is very keen to go into mediation and want to try so that the matter resolves amicablly, however he just wants to buy more time as the delays in court proceedings is going in his favour as he has nothing to loose. Wife is earning equally good so the possiblity of Court giving any maintenance does not seem to arise. However he is sure that rather he can claim maintenance from wife, though he is earning handsomely but having the custody of only son.

Wife on ther hand, who was made to leave the matrimonial home three years ago, seems to be only sufferer in this case.

My Question is as below

1. Whether the pettiioner (wife in this case) can take along her counsel in the mediation room, I have only little bit idea whether counsel can accompany the parties in the mediation room.

2. What should be the outlook of wife in this case, if husband is willing to take her back in martimonial home, should wife put a condition that respondent should give on oath that he should not repeat the acts of domestic violence in the future, what could be other safeguards for wife here.

3. What husband can do as he would want to reflect that he has tried to convince the wife and present his case to the court that he is one who wants to settle amicablly but wife is reluctant to give heed to his proposoals.

Dear Experts kindly advise,

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3 Replies

Ranee....... (NA) 25 September 2012

1. Whether the pettiioner (wife in this case) can take along her counsel in the mediation room, I have only little bit idea whether counsel can accompany the parties in the mediation room.Yes

2. What should be the outlook of wife in this case, if husband is willing to take her back in martimonial home, should wife put a condition that respondent should give on oath that he should not repeat the acts of domestic violence in the future, what could be other safeguards for wife here. Yes.Depends.

3. What husband can do as he would want to reflect that he has tried to convince the wife and present his case to the court that he is one who wants to settle amicablly but wife is reluctant to give heed to his proposoals. Yes, but no of no use.

stanley (Freedom) 26 September 2012

Dear Nishant ,

I agree that your wife wont get any maintanence from you as she is working .But even though you have custody of the son it would be difficult for you to claim maintanence for your son from your wife . What are the reliefs asked for in the D.V case .

1. If you give an oath or an affidivat that no further acts of domestic violence will be committed in future is like accepting that you have committed domestic violence in the past . Its like you have heeded to a restraining order and hence any future complaints from her side would be treated as contempt of court :-) . which you very well know where this will take you . So please dont pour kerosene over yourself and wait for her to light you up .

2. Its better to contest the case and fight on its merits .

3. Dont let your heart rule over your mind since this DV gift / package comes in a sheeps clothing which is civil in nature but turns out criminal after the restraining order .

rajiv_lodha (zz) 26 September 2012

* Husband can not get maint in DV case from wife..........so relax

* Mediation is purely a voluntary process. If u fear that he is trying to delay the case moving into mediation, SAY NO TO MEDIATION. Ur case will resume.

* Rest depends upon ur wish to contimue matrimony with this fellow or terminate it amicably. Medaition is excellent platform to sort out matrimonial differences amicably IN EITHER WAY!

rajiv