498A - mediation centre

Guest (Querist) 23 August 2010 This query is : Resolved
My 498A case has been refereed to mediation centre by allahabad high court. I want to know what happens when both the pparties reach at the mediation centre...is the decision or agreement reached at in one hearing or more visits are required.

My arrest in the case has been stayed until the mediation happens and the mediation centre submits its report to the court. I wanted to know what are the way the mediation happens can I be forced to pay money or agree to pay money to my wife to settle the matter and if I dont agree to it what is the outcome if no settlement happens as then I will hav e to apply for a regular bail.

I am facing difficulty in finding the date fixed for mediation by the mediation centre as I am not from allahabad but delhi but the case is filed in up.

Need youy advice as how should I handle the mediation date what should be my strategy and wht will I be asked to do to settle there.

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Kiran Kumar (Expert) 23 August 2010
mediation is merely for the purpose to end the matter amicably, u will not be forced to party away with the money during mediation.

a trained person, most likely a lawyer, will be appointed as a mediator in the process who will try to settle the matter amicably between both the parties.

ur lawyer may not be allowed to join the process, but u ll have full opportunity to present ur version.

its better to go ahead with mediation process.

adv. rajeev ( rajoo ) (Expert) 23 August 2010
Just it is one step of conciliation. Itz decision is not final.
It is an opportunity to u to say your grievances. You have to do one thing you submit to the members to record in the order sheet whatever you have submitted before them. It can be useful for you.

Guest (Expert) 23 August 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100

REGARDING SEC.498A KINDLY NOTE THAT.

1.YOUR CASE IS REFERED TO MEDIATION CENTRE. THEY TRY TO COMPROMISE THE MATTER BUT IN CASE NO COMPROMISE THEN THE REPORT IS SENT ,
2.IN CASE OF FAILURE OF MEDIATION ,THERE ARE CHANCES OF ARREST OF ACCUSED IF NOT ARRESTED EARLIER AND PRODUCE BEFORE THE COURT.
3.HENCE BE CAREFUL DO NOT TAKE THE MATTER LIGHTLY.YOU MAY SUBMIT AN APPLICATION FOR ANTICIPATORY BAIL TO THE SESSIONS COURT / HIGH COURT AND KEEP READY ONE SURETY EACH FOR ACCUSED PERSONS.AS YOU HAVE TO SUBMIT SURETY AS PER ORDER OF ANTICIPATORY BAIL.PLEASE NOTE.
4.YOU MAY KINDLY SEND THE COPY OF HC ORDER AND MATTER PENDING THERE OR DISPOSED OFF.ACCORDINGLY YOU MAY APPLY FOR BAIL TO SESSIONS COURT OR HIGH COURT.PLEASE NOTE.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
GOOD LUCK.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com