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Kirti (ABC)     21 July 2011

Attending mediation when MC divorce petition is filled...

Dear Respected Lawyers,

My daughter in law filled a false DV case in lower court in Agra last year and we approached to high court, Allahabad high court sent this case to mediation and till January 2011 no date came from mediation centre for any mediation activity, In march’2011 my son and his wife agreed for mutual consent divorce and filled a petition in Family court in Agra. MC divorce petition is in 6 months grace period within the family court, Agra. and date is somewhre in Sept 2011, Now we received a letter for mediation date from mediation centre and date is for mediation is in July.

My son is working in Bangalore and it might not be possible for him to go to high court mediation centre on the due date.

1.       Is it possible for my high court lawyer to submit the MC divorce petition in the court and declare that divorce is already happened?

2.       Is my son’s presence is mandatory in the mediation centre on the due date after MC divorce?

3.       Any other possibility if my son is not able to attend the mediation centre date.

My daughter in law also filled 498a (in this case FR was filled by the police and nothing happened), CRPC- 125 was rejected by the lower case as my son never attended case nor got any summons, While filling mutual consent divorce - it was stated that she will withdraw her cases - if any, in this case she will ask lower court to accept the police FR or not to take any action on the FR. CRPC - 125 - Already rejected by the court and will never try to get maintenenance as she is getting a alumany for MC Divorce. Also she will appear in mediation centre to withdraw her petition filled for DV act.

Now, if my son is not appearing or one of my family member go to highcourt with my highcourt lawyer and presents the certified copy of the MC Divorce petition, so is it fine or again he has to come personally to the mediation centre.


 



Learning

 7 Replies


(Guest)

Madam,

 

I guess he can get a divorce through power of attorney.

 

But I can smell something.You seem to be in a hurry to get a divorce.You son has no time to even attend mediation which could reconcile the 2 of them,and has no time to get a divorce also,though he is very much in India.

The FIR was registered,yet nothing happened.Why?Did you get v.friendly with the police?

 

All her cases got closed.I guess they were closed as she must have signed this agreement to close cases under duress.Then your son even avoided giving maintenance,by perhaps bribing the dasti giver,or avoiding the notices by hook or by crook.

 

I feel you are not wanting the 2 of them to even meet each other and discuss things out even in mediation.You seem to be in a hurry to get them divorced.

 

In one of my friend's case too,the inlaws were in a hurry and sought divorce in the same manner,as they did not want the wife to even see her husband,and gave excuses of his job,blah,blah,blah.Exactly the same sequence of events had happened.

 

After all you are the mum-in-law.So I can understand your mindset.

 

BTW,how this case reached High Court?

Kirti (ABC)     22 July 2011

My dear princess, fyi, the divorce is already filled by mutual consent in the court.


(Guest)

 

 

Why have you ignored all the other points I raised in my above post?

 

 

Anyways,coming to her consent for MCD..

So what?

 

Girl can be forced to withdraw all cases by signing settelemt under duress,and then mutual consent can be "obtained".

 

By the way,I read your old query,where you asked if the daughter inlaw can be sent to a shelter home to live.It seems she had no house to live in.Why did you want to dump her in a shelter home?

 

 

23 September 2010, 16:23  Report Abuse

Kirti

ABC 

 

[ Scorecard : 42] 

 
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If wife makes all false allegation on husband and his family and pray for shelter and maintenance under domestic violence act then -

Background story is – Wife made false allegation after two months of marriage on husband and his family under 498a, 504, ¾ Dowry probation etc. , police submits a final report that all the allegation made seems to be false and no evidence is collected, produced by wife during investigation. After 1 year of submitting final report case is converted as private complaint case and wife filled a Domestic Violence case against all that were in 498a case, again protection officer filled that wife did not stay with husband’s family during her matrimonial life she only lived with her husband during two month and husband stays 2000 km away from his family due to job and there might be dispute between wife and husband.

1)      Can wife be sent to District Govt. Shelter Home or Nari Niketan Grah, if husband does not have any property or home in his name and pray to the court that he doesn’t have home/ house/ property in his name but can bear all the expenses incurred if wife is sent to Shelter home?

 

2)      What are other remedies husband have in this case?


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Aunty ji,do you have a daughter/sister by chance?

 

What if her sasu maa does the same to her?????

 

You sound well educated,and alert about laws,etc.I wonder if she really "harassed" you..;)

Kirti (ABC)     22 July 2011

My dear princess, Girl was not forced to take divorce she forced us to give her high amount of alumny, we got ready after two years of mental agony and my sons lonelyness and paid her a large some of amount.

Kirti (ABC)     22 July 2011

I am also a woman but might be you are not aware that people just like my ex bahu, police, judiciary, greedy wives parents, lawyers all are just making money due to 498a etc...otherwise why all these kind of settlement happens only with money...????

Have you ever thought why she agreed for divorce only after getting a lumsum amount?

Why only girls use to get the alumny? I think you are not aware of the real fact that 498a, DV act are the tools for girls to get high amount of alumny and responsible for divorce in India.


(Guest)

Boy's job is more important than divorce. afterall girl married boy, only because of his job and good family. why she didnt marry a riksawala or bus driver? 


(Guest)

Your son need to be present in mediation counselling, Otherwise it is of no use. If anyother family member name there, Then he/she too able to attend the MC.

So looked upon the facts & decide, Better if he is available during all this.

So made him available at anyhow ?  or submit a letter that he is out of station due to Job requirements.

It is too advised you to, First understand the facts. What she wants or what you be ?

If matches, Mediation works. Otherwise proceed as per allegations further.

 

Regards,

Abhinatre Gupt.


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