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Indian Citizen (Associate)     01 August 2011

Kind attention family matter experts

 

 

Dear members:

What are the mediation procedures in Divorce cases:

Background:Wife files for Divorce u/s 13 (on grounds of cruelty). Husband submits a counterclaim (u/s 23 a HMA) agreeing her plea (to accept divorce) if wife agrees to pull off the criminal cases against him & his family.Wife doesnot agree to this and next date of hearing is scheduled a week after.

The case is likely to be referred to mediation center. Please guide the subject on the proceedings during mediation center.

-Who all will be attending the mediation?Husband & wife alone. Can any relative join the mediation. What if the other person is not willing to involve a third person (excluding the mediator).

Frequency of hearing dates: The subject resides 1000 kms away & so cannot attend the hearing so frequently. Is there any guidelines on the frequency of hearing dates, duration of mediation proceedings etc

-If during mediation, the opposite party tries to harass/humiliate the subject, what should he do. He has no help in that city (except his counsel). Can subject be physically assaulted in court premises??

- Any 498a victims from UP may kindly advise the mediation proceedings in UP?

- Any Dos & Donts during mediation?

 



Learning

 2 Replies


(Guest)

anything talked in a mediation center has no legal value as they are not recorded.

Ravinder Kumar (Account Director)     01 August 2011

Instead of you talking much let her speak and know her demands...once she is done, you put on table what you can afford...Mediation center is basically a negotiating place now a days, although not much comes out of it..But it will give you a fair idea about her demands, just dont loose your temper..

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