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house wife... (na)     17 October 2014

How to behave in mediation cell?

i put compalint in women cell which is now mediation cell now my husband is govt employ and earn 50k per mon..he is not ready to take me and my daughter back to his home....judge say me to tell the amount which i want and do divorce...coz he need divorce.....my paents expenses in mrg is 10 lakhs after mrg 5 lakhs....what should be my demand in cell....i had filed dv on him in 2014 feb..now going on.....i not want divorce...


 6 Replies

Anish Thakur 7018812737 (advocate)     17 October 2014

First clear your query ,you are saying that you have filed divorce yourself and now dont want a divorce? am i right? please state full facts like when you got married and what problem you faced and what compliants and cases you have filed? etc and how many issues/children you have ? any joint property or shtridhan or dowry etc.Then experts will be able to give you a good advise.However you can withdraw your case at any stage.

house wife... (na)     17 October 2014

no sir i not file any divorce case ...my mrg 2010 ...i have a daughter..after 2 yr of mrg my husband throw me out of house ..for giving birth to a female child...he filed defamation suit...i filed domestic violance ...this complaint i gave to women  cell 4 mon before thet i want to reside with my husband........now in mediation cell you can also read my previous querys for detail...i want to know the rights of a judge in mediation cell can he pass the orders for me and my daughter for maintainance and for a residential place....

Adv. Chandrasekhar (Advocate)     17 October 2014

Madam, what at the first I say is that you require a good advocate to help you to cross over your problems.  I do not know if the mediation is initiated under domestic violence Act case and the mediator is a judge.  Or in some cases, mediation goes to mediator, who is generally some experience advocate.  He can give suggestions, but cannot order you to give divorce to your husband because he wants it and you should take some amount and demand you how much amount you want.  It is only a suggestion from mediator.  It is upto you whether you accept it or not.  If you do not want to give divorce and if you feel you are innocent and your husband's demand for divorce is unreasonable, you can contest the case as and when he files the divorce case.  Now coming to Domestic violence case, if the mediation fails, the matter will be sent back to the court.  Whatever happened is not informed to the coourt.  Just failure report will be sent.  If you demand some money and husband refuses in the mediation, that also will not be informed to the Court.  The mediation proceedings will be kept out of the knowledge of the court.  So, you can freely say whatever you want to say to the mediator without any pressure.  If you feel any pressure from mediator, you can tell to him that please do not pressurise me.  Coming to the important point.  Now you should think yourself, whether your marriage can be sustainable or not.  Whether you can stay with him or not.  In domestic violence case, you are entitled to maintenance for yourself and your girl daughter.  You are also entitled to get residential rights in the matrimonial home, where husband is living.  If you feel any threat to you and to your daughter after going into the matrimonial home, you can also ask for protection orders.  But at the end I suggest you to find out a good advocate to advice you at each and every step so your and your daughter's interests will be protected and if your husband is amenable to reason, to restore your marrige life.  Regards. 

house wife... (na)     17 October 2014

thanks ,sir mr chandrashekhar and mr thakur u all clear my ques...

one more ques my complaint to mediation is not from dv case it is from ssp office from women cell.so if my husband not ready with my demand then can ssp put 498 a on him coz he not want to live with me without any reason....?

and if not any things goes out from mediation room then what is a purpose  of mediation cell

Adv. Chandrasekhar (Advocate)     17 October 2014

If it is a SSP mediation cell, then straight away refuse to take money for divorce and request them to put you and your child back into matrimonial home.  Next, if any of your stridhan is lying with your husband ask the mediator to force your husband to return them.  But do not insist for FIR for Section 498-A at this stage.  It will spoil any chances for future conciliation.  If you want residential rights and maintenance you can file Domestic Violence case directly in the court and there mediation again will happen.  The purpose of mediation is to try to find out solution for the problems.  If problems cannot be resolved in mediation, then case will be decided by the judge.

Adv. Neha ( )     19 October 2014

@querist.. I hv gone through your query...mediation cell is a place where a retired judge or a senior advocate do conselling to find an amicable solution to the dispute so that long lasting legal proceedings can be avoided. In case of marital dispute it is better to hv amicable solution. If your husband dont want to live with you, you can not have forceful relation. better get separated from him and start your life afresh... If mutiple litigation is going on between both parties, it is very difficult rather next to impossible to have a same kind of relation.. Better go for MCD and moreover rather than wasting more years for more money, better end this relation to save the crucial years of your life in the court halls... As soon as you will end this relation, the earliest you can find your new deserving soulmate...  dont beg for a forceful relation.. go for MCD.

Adv Neha..

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