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vivek Kumar (BusinessMan)     15 June 2011

doivorec, 498A and mediation center

Hi All, I have a question.

I am from bangalore. On May.2010 my wife applied for divorce which I was not aware of and also I did not received any notice from court as I changed the myy residence.

My in laws found my new address and pressed 498A case against me and my family members on Feb.2011. After that They were demanding 5L to settle the case. After 5 months passed they agreed to 2L by police mediation in the police station. This month 20th.June we have a divoce case date and I have not appeared for this case anytime .

Now the Inspector is saying, Go for mediation for mutual consent divorce (and also mention my wife will agree to withdraw the case after divorce) and get the order copy and she will submit B report to the court as chargesheet is not filed yet.

Is This procedure is correct?

If Police Inspector DO NOT submit B report to the court, will my 498A case will go on?

Can I provide the mediation center agreements and Divorce decree in the court to close the case if Inspector did not file B report (I doubt my wife might bribe the inspector and influence her not to file B report)

SO what Should I need to do;

Do I need to put a condition in Mediation center that She would withdraw the 498A filed against me and my family, then the divorce would happen?

or file a criminal writ petition to quash FIR before divorce happen?

Please advice me at the earliest possible.

Thanks in Advance






 2 Replies

Arvind Singh Chauhan (advocate)     15 June 2011

You should join the mediation proceeding.

You may put such conditions as you are thinking at the time of mediation.

1 Like

Ravinder Gupta (Advocate)     21 June 2011

Dear Vivek Kumar

You should join mediation proceeding and ensure that all such conditions are part of mediation settlment. You have to put a case for Divorce by Mutual consent in District Court. As FIR has been registered against u and your family so you have to filea quashing petition in the Hon'ble High court  concerned for quashing FIR on the basis of the settlement. This way u will get the divorce and your fir will also be quashed. 

ravinder gupta

advocate mediator, delhi mediation center.

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