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Rahul Sharma (Others)     03 September 2012

Court mediation center

Please guide, I have summarized my case below;

Got Married in Dec 2010

She left finally in April 2011

I filled RCR in Dec 2011 after trying all efforts (got vain)

From last two days court asking to look for amicable settlement i.e. from last six months…I did tried contacting them but they via their lawyer either postpone the meeting or either put some unreasonable demand which I am not capable of doing it.

In fact on last date, we asked to go for mediation through court only but her lawyer suggested that we can do that amicably outside but as a matter of fact that had not happened yet.

So is there a procedure or possibility that I can still opt for court mediation even before the next date which is in month of Nov. or do I have to wait till next date and ask judge for mediation

Please guide How to go about it and what’s the procedure to opt for court Mediation now.



Learning

 4 Replies

Tajobsindia (Senior Partner )     03 September 2012

See there are two ways out;

One – Pre litigation mediation where one party may approach Legal aid Centre which are now a days attached to each District Courts and State HC’s and request for dispute solution and a Notice to other party is sent and called for dispute resolution there. This can be done unilaterally i.e. by one party alone and or by both parties if they have cordiality between them and a will to resolve matters outside Court instead of matter reaching to a Court for a full blown trial.

Two – Once a suit matter is in floor of the Court then sending parties for mediation is a bilateral procedure where Court directs both parties on their request and or via its own motion to send parties for mediation. Moreover Family Court proceedings reconciliation as mediation is one of the must procedures before trial starts.

In your query if other side is stressing on “outside court” mediation then most often it purely means they are ‘fishing” your last offer to end marital acrimony. Failing which they may say to Court (most often) that “My Honor he was not ready for mediation outside Court and we wish to progress suit matter”. However what I can suggest in peculiar facts is to wait for next date and state boldly before concerned Court that "they did not come forward for outside court mediation hence send parties to Court mediator". Petitioner has a right to lead opening submissions here you are petitioning husband in a RCR matter as you say so your side has opening side first to say so on next date.

1 Like

Rahul Sharma (Others)     04 September 2012

Thanks a lot Tajobsindia.. this is helpful.

Nandha (NIL)     04 September 2012

@tajobs,

 

I want to call my wife for mediation at mediation center. Before approaching the mediation center,  I called her she did not answer. I wrote a registered letter  asking her to come back, but the letter came back as it was refused by my wife. Will this refusal has any advantage on my side?

 

In case, if mediation center calls her for mediation and if she did not turn up. Will this have any advantage for me. Can she file DV & 498a during the mediation process?? Please advise.

 

Thanks

Nanda

Tajobsindia (Senior Partner )     05 September 2012

Originally posted by : Nandha
  I want to call my wife for mediation at mediation center. Before approaching the mediation center,  I called her she did not answer. XXX Will this refusal has any advantage on my side?

In case, if mediation center calls her for mediation and if she did not turn up. Will this have any advantage for me. Can she file DV & 498a during the mediation process?? Please advise.
 


In metro cities scenarios it is other way round “call”; when a metro wife “calls” a husband, he is expected to come running to her like a lapdog! Hence, the way you called Her Excellency you are yet to see advantage or lack of any when you start dating her in different Court corridors………..

It would have been appreciable if you would have asked here by stating first “status” of such “filed case” instead of using “filling” as the only relative term, as a metro wife with pre/suffix “ex” can always succeed ‘filling” any case anywhere. “Status” is different estrogen kicking Tom and Jerry story that is why new member’s membership here is enviable matter for compeering legal web portals
J
.


Summing up in short as THE reply:

I feel ld. brother / sster Advocates here are not astrologers to predict case outcome by just hearing "mere filing” without knowing histrionics of the case as in a brief and if one is claiming to be such, then there is more money being “metro astrologer for metro wives club” today than furthering this ‘noble’ profession, hence I feel you stumbled upon wrong portal site for your ‘just’ query.


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