Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Guest (Querist) 12 December 2012 This query is : Resolved 
Q)in a transfer petiton of my divorce case from jand k to punjab my wife files petion in s.c. on hearing court orders to refer my case to mediation center as my lawyer says that i am willing to do compromise and willing to withdraw my divorce case. my lawyer says as case was tilting towards my wife so as a tactics they delibrately refer case to mediation center. i want to know is it compulsory for me to do compromise with my wife now?/or to accept unjustify conditions of my wife? or i have to withdraw my divorce case?
Raj Kumar Makkad (Expert) 12 December 2012
You are not meant to accept unjustified and illegal demands of your wife. Mediation is meant to bring both parties to amicable but legal and justified situation but if mediation fails, the case is decided on merits and no adverse impact goes on merits due to that failure.
Guest (Querist) 12 December 2012
sir in order which i received from s.c it is written that i am willing to withdraw my divorce case.i wnt to knw that am i bound to withdraw my divorce case?secondly does court favors women in such transfer petiton?
Raj Kumar Makkad (Expert) 12 December 2012
If you do not withdraw then no need to do so and generally cases get transferred at the place wherein the wife is presently residing or the monetary compensation for the traveling and dearness allowance/expenses are required to be offered by husband if he wants otherwise.
Guest (Querist) 12 December 2012
Q)court does not consider facts and circumstances of the case?if distance is merely 125 km and bus fare is rs.100/ only.already wife is booked under 107/151?
Raj Kumar Makkad (Expert) 12 December 2012
If you put the entire facts before the court, those shall be duly considered. How a court can imagine the distance without telling it truth by other party and some time the circumstances compel to transfer viz. wife feels danger to her life if she visits the place of litigation at the hands of husband etc.


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