RCSH (NA) 28 November 2009

divorce and mediation center

Hi, I have a question! I'm a resident of bangalore and recently my wife and me have decided to split after reaching an agreement through the mediation center here. The terms and conditions of the agreement were simple: She would withdraw the 498A filed against me and my family, then the divorce would happen and then she would withdraw the domestic violence case agasint me in that particular sequence. However, even after signing the MoA at the mediation center she refused to cooperate in quashing the 498A. However the court issued summons to her and she finally came and the 498A was quashed. We had also filed for quashing of the DV case in the High Court but her lawyer said in front of the judge that they will withdraw the DV case once the divorce happens and hence that matter has been deferred for 15 days now. Now that we know that she is not willing to cooperate, I fear that the divorce will happen and then she wont withdraw the DV case (even if it means that she is breaching the mediation center agreement). We know for sure that she doesnt want to fight the divorce and hence this makes it a tool of leverage for me. The DV case is filed in the Magistrate court while the divorce is in the family court. Is there any way we can club both the cases in a single court so that both happen on the same day at the same time? If not, what can we do to make sure that she does withdraw the DV case? We are not on talking terms with each other and all communication is through the lawyers only.

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3 Replies

Hardik Mehta (Family Counsellor) 30 November 2009

RCSH,

Just proceed with the divorce case, and if the divorce happens, put the decree of the divorce in the quashing with the MoU. This will quash the case, if she is not co-operating. In the next date, put the purshi to the judge stating that the she will withdraw the case after divorce happens.

RCSH (NA) 01 December 2009

Thank your for your reply. I didnt understand what you meant by the last line - "In the next date, put the purshi to the judge stating that the she will withdraw the case after divorce happens." It is written in the MoU that she will withdraw the case after the divorce is done but knowing that she hasnt cooperated in the earlier cases, we know she wont.

Hardik Mehta (Family Counsellor) 02 December 2009

Purshis are the way to put on record the verbal demands. IF the MoU is there in place, then purshis are not required. Since she is not co-operating ask for the ex-parte order.