New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kirtikumar ranjan (site supervisor)     09 March 2012

498a mediation strategy

Dear Memebers,
Kindly guide the through foolowing situation before 498a trial ..
My wife and me are separated since the day (05 may 2008)  she filed 498a case on me and my relatives. Also my matrimonial house is in her possession and she has filed after thsi 2 more criminal cases against me . My mother tried very hard to get back her Gondia House for which she was paying EMI but not succed due to Gunda elements of my wife. At last, my mother sold that house.  
During 498a case  trial judge has called both of us and asked for mediation. My wife replied with yes but i was hesitating to do so (as my wife doing acting in front of him ). But to stop symapthy to her i also agrred for mediation. In our first meeting she has various undue demands and very first day gave 125 maintenece case notice to me.
 During 1st & 2nd mediation meeting she has demand like i) seprate alternative house (apart from my Mummy's Gondia house which in her possession since last 4 years even if my mother is paying EMI of house loan) ii) Girl staying with my mother shall give statement of no relationship with me and iii) mother will not stay . I replied i will take her to Nagpur instead of Gondia and shall make arrangments in rented house and also i can not forrce anybody to call to gondia court and give statement (After all its the matter of her dignity also). If court can suggest any other method then it is OK to me. But after this she did not appeared in 2nd and 3rd meeting. Mediation judge has not submited the failure report as this case was not forwarded to him in writing. So, Failure on her fault not submitted.
After this I was again ready that the case will run but on this 14th Feb, judge asked for the status of mediation and my wife replied that she was not aware of dates. Then Judge asked why don't you go with him then she started crying and told that they have sold the house and therefore she need new house. on thus judge replied whereever your husband stays you have to stay with him. She also told him that if he through me again then where shall i go? Then she again told that I am having a relationship with Girl , staying with my mother and also has a kid. Then judge looked at me, i replied she laying and making false allegations. she again demanded that that girl should come here in Gondia and give statement in writing of no relationship. Then judge turned upto me and aksed me to remove this her doubt call to that girl and told her to give statement. i replied i will try sir. Then again judge asked us to go for mediation with another district judge and sent our case instantly in writing. Then again she has same demands and story in front of mediation judge . Then judge asked me to take her to Nagpur first and start living at leat for 15 -20 days and then give feedback to him. I was little bit confused at that moment i said yes (as i was confirm that she will come with any reason/demand to derail the mediation).
But don't no what will happer next, even if i will try to take her Nagpur and if she comes, she will blackmail me each day and definately give Negative feedback to mediation judge and again repeat the story of my relationship with that Girl. As there is loss of trust and she is with dirty mind.
Also our separation of last 3 years shall come to an end and i will be more succeptible for her furter case of DV (for sure) and many more.  Already my wife filed  total 3 cases in Gondia and Nagpur and . or  Shall I deny in mediation on grounds that there is loss of trust or take a known risk.
Kindly suggest any other startegy to tackle the situation. with regards,
Rajesh Nagpure 9922954930


 5 Replies

cm jain sir (ccc)     09 March 2012

Mediation is wastage of time and money with these types of lady. You can directly refuse for the same stating the facts and face the cases in court. Be in contact with local SIF members. How she can ocupy your mother's house? you dispose off the properties which are in your name.

Never Give Up (Fighter)     09 March 2012

If i was in your situation, i would directly say to judge that  as this case is going on , i have lost trust on my bitter half and i would like you (judge) to continue with trial and let the truth come out. Then i can think of  taking her to my place. 


Dont do mistake of cohibating together..I am not frightening you but lets say in the night 12 0 clock if she comes out of the house allgeing "You tried burning her" what would you do ?? Why to increase number of cases...Let her enjoy at the place where she is ..and better focus on fighting the cases rather than residing together !!

kirtikumar ranjan (site supervisor)     09 March 2012

Yes... I am also of the same view. but some memebers suggested me act wisely say yes to live and she will come more irr-relavant demands/ issues in front of judge.

Anis (Asst. Manager - Sales)     09 March 2012

Lets wait for the reply of Mr. Shonee Kapoor also.

I agree with the replies that you have received. Don't make the mistake of taking her back. Even I am facing a 498A. Never take a 498A wife back. This has been advised by all the advocates whom I have met. Because if she comes back and put another false allegation on you that you tried to kill her then what? You will end up in more trouble. Face the facts and fight the case. If you are on the right side then truth will prevail. 

All the Best Brother.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

Say directly what you want.


I am not willing to keep her, but I am open to a "reasonable" settlement. 





Shonee Kapoor


PS: Truth has never hurt anyone, least to the speaker.

2 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register