difference between counselling in CAW cell and court

@ Author

What does carrot and stick persuasion means to a ‘aam adami’ who has never seen either of the places J


Now for records; in simpler understanding there is a radically difference in approach in either types of mediation is most safe understanding given to a common person on to your question.

sir, i m laready gone thro' caw cell counselling, i am not ready to continue my married life due to abusive nature of hubby n demanding nature of inlaws. internally my hubby also doent want to continue, but extrenally he has applied for RCR in court. first hearing is on 27-may. i want to know the roughly procedure in court. is there again some sort of counselling/mediation in court also??

@ Author

1. If both of you donot want to continue the relationship then suggest to sit across the table with neutral common person respected by both of you and calk out a Mutual Consent Divorce wherein his RCR may be converted by a joint statement of parties in Mutual Consent Divorce.


2. As per practice and procedures of Matrimonial Courts and or Family Courts a reconciliation and or mediation proceedings are encouraged. However, based on above para 1 if both are not interested respectively then you may say NO to sending both of you for mediation as mediation is a voluntary opt-in process by the parties on pro note of a Court !


3. In short based on specifics of your briefs reconciliation opportunity is given verbally by the concerned Court and if agreed by both then time by way of extension of date is given as encouragement to parties to iron out their in-differences and only if both parties agree to mediation then concerned Court sends them for mediation and it is purely a voluntary efforts themselves by parties as joint approach to iron out and or to part amicably as matrimonial friend if they can’t live under a roof together. K  

However, since you approched CAW cell so but natural he is advised for RCR proceedings to save skin ! Now since you are openning in public platform as in your second brief so the best way out if your further reply para is construed to be your belief as in true then follow para 1 of this post resonably !!!!!  

thnks tajobsindia,

here the story is little bit complicated. as my hubby in front of caw cell simply replied that he wants to continue. as per adviced, he applied for RCR. altho' before 6 months, he clearly said to me on phone that he wants divorce. to prevent from alimony/maintenance/joint property/fds he is using RCR game. if there is any platform in court that mediators solve the maintenance related problem? my father gave him 7 lacs for purchase raw material for his factory. and many f.ds are on our joint names.so there is money issues. can mediator solve the money related issues also??

My Motive is that i need divorce+money related settlement out of court. is this possible. i dont want to drag case for 5-6 years, not to spoil his or my life. i want my money back, dont need a single penny from him. will mediators solve this money/alimony-related issues out of court also???

@ Author

Well what you want me to say now ha aha I mean I go by briefs by briefs presented by various authors while answering here and now this revelation popping I am sort of hmmmmmmm, okies, the safest palatable suggestions now are;

1.     Mediator role is purely that of acting as ‘neutral’ person with ‘reasonability’ inching / agreeing both parties to come half way as per respective comfort level then he / she sends a Mutual Agreement as mutually agreed by parties during mediation to concerned Court to affix its stamp of decree accordingly if any. Now, if we keep this practice and procedure in mind and read down your last briefs then I personally don’t feel that your case may be settled so amicably by a mediator as you are pitted against a good criminal ld. mind i.e. your husband side has probably a better ld. advocate handling / giving legal advise and impressing upon him to bail him out with least damage etc. etc. etc.

So what you as a lady do now is biggest Family Law que. we are facing now-a-days?

2.     You approach concerned Court and show your valid insecurities such as on maintenance, property read with distribution of FD’s which are as joint assets of both of you to yoru satisfaction. And mind it once you approach Court you need to give quantity time and not quality time for disposing such family law issues and suggest to flow with Court procedures and the only short cut was what so in so many words were suggested by me in previous posts which is not the case as emerging out, ops.


Hence I wind up my bandwiddth and comfortably advise you for;

3.     Hire a better ld. Advocate whom you have a gut feeling that justice on above three - four perennial issues he / she will get for you! Oh yes in family law litigation legal world everything is doable and possible to achieve if one party has more patience over another………ta ra rum pum………

And

And now allow me to offer all the best and I’m leaving this thread for now and suggest others to guide you if any on any issues untouched by me and or which were beyond my area of practice……………………..

thanku sir..

if the mediator is not biased,he/ she will act neutrally and justly to help you get your rightfully claimed money back.

if u live in delhi,do PM me whenever your case goes for mediation.

if your mediator turns out to be the same as in my case,you will need to have a very very bold lawyer,who's not swayed by her,or else you will have to file an application to request a different mediator(if law allows this)

Hello!

You have a bumpy road ahead, but success will be only of urs IF U ARE TRUE TO UR WORDS & ACTIONS. Never lose ur sight of ur aim & get drifted towards extortion of ur hubby by Female Biased Laws which are available in plenty.

Open up ur mind to the mediator. Tell him that U want divorce. Give him TRUE list of ur own assets which are lying with hubby. Make him clear about ur conditions 4 getting MCD. Do not expect the husband will have to bear ur financial burden. If u try to extort money out of this broken marriage, he will use 1001 methods to escape. Ur life wil b damaged along