Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kapil Lalwani (owner)     10 July 2013

Last stage of mediation


I have a question for my sister who was married three years back but was sent back from her matrimonial home last year.They also sent the divorce papers and also applied for anticipatory bail three months ago.

We intervened on the bail and the judge pushed it for the mediation process.This is the last stage of mediation and the husband and husband's family have to be present.

Till now 4 sittings have happened and in all the 4 the husband's family didn't turn up.The mediator warned them to call them else the bail would be cancelled with immediate effect.(The bail was taken in the name of husband and husband's family members).

My sister always wants to go back to her matrimonial house but the husband doesn't seem to be intrested.

What should our strategy be on the same?


 8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 July 2013

If your sister tells them to withdraw all cases and invite them to compromise.

shriks........... (healyhcare)     10 July 2013

1. court cannot force annoyed couples to stay together forcefully.....
2. you have 3 options......a. vengence:- filling criminal cases you know which all and forget reunion

                                             b. MCD: lump sum amount and settlement by divorce once and for all
                                              c. rcr/ 125crpc/24hma/ dv rtr etc etc:  run to  court years and years but you will get something in end.......
3. think decide and act........

2BHelpfull (Other)     10 July 2013


""""The mediator warned them to call them else the bail would be cancelled with immediate effect""""

if no case has been filed then they r not scared whether bail is cancelled or not.hence r not attending .


if no case against them has been filed then why they applied for AB after filing for divorce.

full  fact of the case are not properly mentioned.

Kapil Lalwani (owner)     11 July 2013


Kapil Lalwani (owner)     11 July 2013

Hi Need Justice,

There is no change in my stance till now.The boy has given it in writing to the mediation center that he is ready to take my sister back but the next day over WHATSAPP he says "MEIN ZAHAR KHAKEE MAAR JAOON GHA PAR TERE KO WAPIS NAHI LE JAOON GA".

The English translation "I would eat the poison but will never take you back to the matrimonail house".

The excerpts of the the WHATSAPP message has been submitted to the highcourt as well for his change in statement and taking the mediation process for granted and also please note that the reason he said in the mediation that he is ready to take my sister back was to evade his arrest & also his family members.

The plan has always been to send my daughter to her matrimonial house but with no risk of her life.

Kapil Lalwani (owner)     11 July 2013


The husband and his family first sent the divorce notice and said that my sister had ran away with the jewels and other belongings.This is false.

All the neccessary evidences were submitted to the police when we met them offline it was they who recommended me to take strong actions against the false divorce filed by her husband's family.The police and my family lawyer recommended me to put pressure on them in terms of filing evidences - pictures of my sister beaten up and the recording that please come and take the jewels and give divorce.

Case filed are DV , 498a , CRPC 125 , 406 etc etc....During the question when the proofs were played the family members got screwed royally and then immediately applied for bail.

Next week is the final hearing and the verdict of the bail will be out since the husband never got his family in the mediation process the mediator gave a stern warning that if he has applied for bail he should come for hearing and also said that if ypour family has done nothing wrong why have they applied for bail?

The husband starting crying and apologised for the same and confirmed that they will be for the next meeting.

Let me tell you that my sister has a son as well who is a year old.

Kapil Lalwani (owner)     11 July 2013

HI Shriks,

Thanks for your valuable input.

ktkaran (maanger)     11 July 2013

kapil ji better settle on a lumpsum amount,rest your wish ;u have multiple options but that will waste golden period of youth and i am sure if u concentrate your energy on settling and then finding a suitable match thats better instead of doing litigation as today or tomorrow maximum family matters go in settlement only thats the crux.

all the best.If his bail will be cancelled he will come for mediation

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads