(Guest)

Rcr, maintenance - mediation settlement and backoff

Dear Experts,

I have a strange situation....I filed for RCR 2 years ago (I have a seperate own house where I am living where I am asking my wife to come back) and my wife counter blasted with CRPC125 , stating that she will not come stating some silly reasons and asked for huge maintenance (She is working and I provided all proofs in my Counter to her CRPC 125). I also filed for Child Visitation rights a year back as she did not show my 8 yrs old daugther.

Now the matter went to Mediation 3 months back and she agreed to withdraw her maintenance petition and I agreed to withdraw my visition rights petition in writing before mediator and mediator too sent the same as recommendation to court...(but wanted to let the RCR continue as Mediation settled only weekly visit for my daughter and I am paying for my child support already).

Now the next hearing from court (after mediation) to determine the final orders was 24th July 2014 and now my wife is backing off stating that she will not withdraw her MC Case and she wanted it to run.

Please advise what would be the state on 24th July when she denies to withdraw her MC Petition where I am anyways paying for my child support. Will the case continue and whether the judge would order for higher amount as alimony ..(as in her CRPC 125 she earlier stated for huge amount of INR 30,000/month as alimony in her CRPC.

Please advise.

Thanks,

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3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 19 July 2014

How much income did you show in your WS of 125?

Please see my posts on the link bellow.

https://www.lawyersclubindia.com/forum/Interim-maintenance-case-105770.asp#.U8qV7ECm9dg

T. Kalaiselvan, Advocate (Advocate) 19 July 2014

The mediation report has already been sent to the court, wherein it was recorded that she will withdraw her case, if she does not complies with her own commitment, the court may ask her to continue with the trial of the case,in that case, it will be a favorable situation to you for contesting the same on merits. Wait for the date of hearing and come back with the results for further opinion.

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(Guest)

Dear Sir,

Thanks for the clarification....

I attended the hearing on 24/Jul and my wife also came and stated she does not want to withdraw.

It looks like the mediation report also mentioned as "we both agreed for re-union".

So the judge asked me and I stated I am ready for re-union as agreed. and my wife stated she cannot come to my house and asked for a seperate house.

Judge got angry on her and stated that she agreed for reunion in mediation and now putting in lot of allegations and conditions so set the next hearing date for 22-Aug. (Till now no maintenance amount was ordered for her as well).

Not sure how long the trial/case will proceed now...

Can I ask for another mediation or counselling to see if there is anyway for reconciliation again ?

Will keep you all posted...

Note - I do NOT want to go for divorce at any cost owing to the best interest of my daughter.

Thanks & Regards,

Sathya