Disowning my parents for our welfare

one question how can you face 498A before marriage it refers to cruelty by husband and relatives of husband. How would it become applicable before marriage?

My would-be-FIL has filed a case u/s 498A and 3/4. Court has even granted a stay to us and sent the case to mediation centre. The court should have looked into it and quashed the section.

I dont understand why court has not done this.

Disowning wont grant any prptection to your parents. As the allegations that FIR would have would be basis the statements of the girl stating the cruelty done to her so disowning would not be of any use.

which state your case belong to?

My parents live in UP

and I am living in West Bengal for the past 1.5 Years

Is the reference of the case to mediation that you are referring to is done by Allahabad HC at Allahabad HC Mediation Centre.

YES

what about the mediation dates has it happened yet

It has not happened yet. Kindly advice what wil go on there.

There is not going to happen any kind of comrpomise because My father was arrested and put in jail and we got him bail after 4 days.

This would mean that your father would have secured regular bail at that time and your and the other people that were charged in the FIR approached the HC and there arrest was stayed by HC vide this order referring the case to Mediation centre.

There may be no compromise that you may arrive in there but may be you arrive at some so why to think that in Advance. On the date fixed both the parties need to be present a notice to appear would have been sent to the other side as well. Any default in your appearence would result in failure report being sent by Mediation centre and which would results in stay vacation.

So attend the Mediation centre there will be mediators who will try to bring a solution to the issues amicably. In case the other side agrees at some condition to take back the case the FIR would be quashed in there.

Do check with the mediation centre for the dates yourself as they rarely sent the date to the petitioner as your lawyer should be responsible to find that. Would suggest you confirm the dates yourself by calling at 0532-2423865 this is the number for the mediation centre.

Thank you for your advice.

I alongwith my father are planning to appear in mediation centre as we are aware about date.

We have been asked to pay around Rs. 20,000 to girl and in case failure to that the stay can automatically vacate.

Now is it wise to do out of court settlement suggested by our relatives and pay them a lumb sum amount to  avoid any further court proceedings causing a trouble to us ?

The Rs 20000 that you are talking about are for the travel and expenses of the girl to the mediation centre and some are towards mediation charges. This is normal and is paid to the girl on first appearence.

This is upto you if you want to face the case or would like to finish off by paying.