Maintenance case -- mediation forced to failure

Gaurav (Querist) 08 April 2012 This query is : Resolved
Dear Experts,

Wife filed 498a, Maintenance & DV. On Maintenance first date, Judge referred us to Mediation. In Mediation dates, wife family want me to take her back else they will continue these cases and use as tool against me. I am not willing to take her back.

Wife/her family/her Lawyer told Mediator that they do not want to talk and show mediation as failed and send back the case to Court. I shown my willingness to talk and settle things in an amicable way. She also missed two mediation dates by giving medical and saying her lawyer is not there.
Mediator finally said that he will send back the case as Petitioner not willing to talk.

She is a post graduate. She was working before and after marriage, stopped post daughter. Daughter is 2 yr old.

Q. Does this stand taken by wife is to make their case stronger to ask for interim maintenance?

Q. Anything i should be ready/careful with before appearing for my upcoming maintenance date in mid April?

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V R SHROFF (Expert) 08 April 2012
Mediator Report is confidential.
Mediator Report only says failure or consent term.
Your is failure Report, so no details, and it cannot be used in evidence in this case or any other case.
So forget about Mediation. OK?
The stand cannot be taken by wife, it is Judge who sent you. All matrimonial cases, Judges prefer to sent to mediation as first choice.

In all case, you are bound to pay maintenance to daughter+ for her if she is not earning at present.
Quantum depend on your capacity and her requirement.

Do not give any proof of ur income. Let her prove.
Advocate can prolong even interim order for years!!
If mtn not filed, try avoid notice, to delay.

adv. rajeev ( rajoo ) (Expert) 08 April 2012
i agree with V.R. Shroff Sir.

Shonee Kapoor (Expert) 09 April 2012
If mediation fails, this has no impact on the case/

Why you expected them to show any soft approach? They have filed the case, filled with vengeance, so they would continue.

Join http://forum.498a.org/ and local SIFF chapter to learn to fight back.

If you think that undersigned can be of any help, feel free to contact.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com