Rcr mediation
sandykrish
(Querist) 02 January 2014
This query is : Resolved
Hi Experts,
Just to update you I had applied for RCR and in the RCR mediation my wife agreed for MCD. The mediator has asked us to file the petition under 13-B of HMA 1955 and asked my wife and me to come and complete the MOU tomorrow.
Mediator asked one of the advocate to draft the 13-B petition and I proactively told that my lawyer will draft the petition and will be sent to my wife's Lawyer 4 days prior to D-Day. Now her lawyer is playing tricks picking no calls and not letting us know what is what.
Now on Friday the mediators have asked us to complete the MOU.
My advocate has suggested that we will apply for Mediation MOU plus the 13-B petition and request judge to get the waive of cooling period 6 months. Is that practically works the case is based out of Family court Bangalore
Now my questions:
1. I am quite sure that my wife and wife's lawyer will play trick again to close this case stating that MCD with financiali settlement.
2. I know after signing she will delay things, If she delays things and following every one round there, Can I file the contested divorce or during the MOU signing shall I ask that my wife should complete the first motion and second motion jointly without delaying.
3. In my 13-B petition I have indicated that I have applied for RCR and MOU is enclosed.
4. In my 13-B petition I have indicated that I will be making a post dated cheque at the time of first motion evidence . The date will be decided based on second motion date, I am planning to give the date as Second motion hearing date + 7 days, presuming if my wife dont turn up I can instruct my bank for stop payment and inform Judge citing above reason. Is this a right strategy?
5. Could you please let me know what should be there in MOU prepared by mediator on Friday? If I am not happy can I ask mediator to modify?
6. The Judge has given my wife next week last date to submit the Objections.
7. Has the mediator has right to draft the MOU or this has to be done by lawyers?
Devajyoti Barman
(Expert) 03 January 2014
First of all MOU has no legal standing in matrimonial discord. SO there is no point is wasting energy on this.
Only the contents of 13B and that too after final hearing is taking into account.Better you draft a MCD petition and show your wife's lawyer.
ajay sethi
(Expert) 03 January 2014
basically make an application for conversion of petition into divorce by mutual consent . the consent terms must contain clauses as to maintenance , child custody , streedhan etc .
if family court has directed that fresh petition under section 13B be filed then do so . send a copy in advance to your wife advocate . the MOU is prepared by mediator in consultation with both the parties . you are free to make changes
Shonee Kapoor
(Expert) 03 January 2014
Rest agreed, but the waiver is not possible now for the mandatory six month waiting period.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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T. Kalaiselvan, Advocate
(Expert) 04 January 2014
In my view, if the mediator has given his recommendation on the basis of mediation sessions, for a mutual consent divorce as was agreed upon by both the parties, the court if it allows the petitioner to amend his RCR petition to MCD, then at its discretion, the court may waive the six months waiting period mentioning the time taken for mediation is taken into consideration for the same. It again depends upon the presiding officer of the court and interpretation of law by the concerned advocates before the court.
