Mediation during stay of proceedings

sudhir (Querist) 31 December 2013 This query is : Resolved
I have filed for divorce in family court in Delhi but my wife moved Supreme Court for transfer to her home town and got an ex-parte stay on proceedings. At this stage, can I request the family court for mediation ? Can such a mediation also cover the cases she has filed against me like 498a, DV, 125 in her home town ?

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T. Kalaiselvan, Advocate (Expert) 31 December 2013
Once the court has stayed all the proceedings, where is the reason for mediation or how can an application in this regard be maintainable during the operative period of injunction.

adv. rajeev ( rajoo ) (Expert) 31 December 2013
Proceedings of the court are stopped. So you cannot request for mediation.

Adv. Chandrasekhar (Expert) 01 January 2014
I respectfully disagree. Just move application in the supreme court that you are interested in mediation in the family court. The Supreme court may ask the parties to go for mediation in the supreme court or stay its proceedings in the supreme court and direct both of you to appear in mediation cell at family court.

Rajendra K Goyal (Expert) 01 January 2014
Family court can not order for mediation during stay from Apex Court.

Nadeem Qureshi (Expert) 01 January 2014
nothing left to add

T. Kalaiselvan, Advocate (Expert) 01 January 2014
Adv Mr Chandrasekar can revisit the question, the author is asking 'At this stage, can I request the family court for mediation ? 'The author has stated that the apex court stayed the proceedings, how can the family court allow the mediation once the stay is in operation?, the author never mentioned about approaching the apex court for the purpose.

Guest (Expert) 10 December 2014
Well Attend

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