Nidhi malhotra (proprieter) 20 February 2011

Need advice related to mediation process in allahbad high ct

hi,

We have been accused of a false dowry case.Me (sister),my brother and my fathe & mother has been trapped under false dowry case.My brother is working in USA.All three of us (me,my father and mother) has been granted bail and are in india right now.My lawyer asked us to file a petiton in Allahbad high court in order to get a stay on the case in lower court and can get a ground to compensate with the bride's side.

I have the below queries regarding this.I would really appreciate if someone could anser these:-

1) Is it mandatory for my brother to come back from USA for the discussion?

2)Is video conferencing possible in allahbad high court?

3) Can he give the power of attorney to me or my father for dicussion?

4) If we do not agree to there demands what will happen to the case in lower court?do we have to again take bails for us??

5)If my brother comes to India during this discussion and somehow we were not able to fullful there demands is it possible for him to go back to USA as he is having non bailable warrents against him?

5) I have seen that the lower court is only giving us dates and not starting any debate or discussion regarding the case.No evidences and all.Is it because my brother is not in India the reason behind it??

I woul really apreciate if someone could help us in answering these questions.

Thanks a lot for your time

498a Victim

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2 Replies

(Guest)

- there is no video conferencing facility in mediation centre allahabad high court.

-if you dont agree to their demands the mediation will fail and the mediation centre will submit its report to HC and on the date of listing ur advocate will argue the case but most likely it will be sent back to the trial court. If you all have regular bails already no new bails would need to be secured.

- if your brother comes to India he will be arrested and then secure bail from District court as most likely lower court would not grant bail on first appearence and the bail conditions will not allow him to be back to US so let him not come back.

- let some time pass as these cases can only get sorted as time passes the other side in the initial phase thinks that they can harm you by filing criminal cases and as time passes their demands come down and they want to settle.

- See what are their demands in mediation may be they come and agree on a just ground and then if its settled at allahabad the cases will be quashed and your brother and you all will be discharged and he can visit India.

-the settlement would be money plus divorce else if your brother wants to live together than its different.

I am not a lawyer but have first hand experience of Mediation at Allahabad High Court Mediation Centre.