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Gajender Singh (ca)     30 December 2010

498a for mediation

My wife filled 498a on me. One year has passed charges will be framed next year. In the meantime my family/relatives called them for reconciliation but they dont agree. They are not ready for reunion neither for divorce wherease we are ready for both.

Can we request trial court for mediation?
Or we need to apply to family court?
Can this be done without RCR or it has to be done with RCR only.?



Learning

 5 Replies

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     31 December 2010

Mediation can be done through their close relatives and friends or you may use Government Mediation centers.

Best option is try for re-conciliation or mutual consent divorce.

Avnish Kaur (Consultant)     31 December 2010

only a fool will be ready for reunion after a 498a.why are u? instead of rcr file divorce on basis of false 498a cruelty to husband and fight it tooth and nail.

498a is like brahmastra (nuclear weapon) complete destruction of fabric of marriage.

Gajender Singh (ca)     03 January 2011

unlike her, i want a companion to grow old with. in contested divorce ill cross 40 and will loose such golden yrs of life alone. so i wanted to mcd which she dont agree as she says she can earn and live alone and will make sure that i too live alone for rest of my life.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     03 January 2011

THEN ONLY WAY IS TO MAKE HER LIFE AND HER SUPPORTERS LIFE HELL BY ALL MEANS .

MEANS YOU WILL HAVE TO DECIDE.

YOU CAN ALSO USE THIS SECTION FOR SPEEDY TRIAL OF YOUR CASE:

21B. Special provision relating to trial and disposal of petitions under the Act.

 

(1)  The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be, necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as       expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as       expeditiously as possible, and endeavour shall be          made to conclude the hearing within three months from the date of service of notice of appeal on the respondent. 

 

Gajender Singh (ca)     03 January 2011

my question is not yet answered........during 498a how can we apply for mediation through court is it thru rcr or we can do it without rcr.......pls lemme know.


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