Mediation fail-now what?

1> Was mediation cenric towards Divorce?

2> Huge- How much?

Your Anticipatory bail order is not dependent on the your mediation.....

even if mediation settlement fails....you are going to get bail....

ingredients for securing bail order

you are permanent resident

there is no crime against you in fthe past

you are not going to run away

you are not going to tamper with evidence....

your lawyer can also argue that yr wife demanded huge amount and that was the only motive in lodging false FIR...

yr chances of getting custody of 2 yr old daughter on merits, it very difficult almost impossible, but you can get

visitation rights. by the court on merits

but try to settle it amicably....

if not then you can always contest divorce...

for further advice

pl email me to maintain confidentiality and for want of detailed story

anamika_vichare@rediffmail.com

Adv Anamika Vichare

Family Court, Mumbai

Purush Hakka Saurakshan Samittee

Originally posted by : Samuel
	1> Was mediation cenric towards Divorce? 2> Huge- How much?

1) No

2) more than capacity.

Then donot bend much b4 her. Let mediation fail. I am sure her demand wil come down once u get bail on merits.

Can AB be applied even if the case is in mediation?? the court had directed for mediation, so bail may be rejected as there is no threat of arrest as there is no FIR.

Thanks for suggestions

Hi,

Try to resolve the issue in mediation, Im also enclosing herewith "Child Access & Custody Guidelines and Parenting Plan" both approved by Hon'ble Bombay High Court. Keeping welfare of the child in mind you can sign the parenting plan (a mutual agreement just like mutual consent terms) which will protect the Rights of the Child and ensure you Visitation. Take help of the Mediator to resolve the issue by giving him a copy of both.

Ask Visitation Rights in accordance to Guidelines and include them in Parenting Plan. Else, Ask for Joint Custody in Mediation.

Incase Mediation fails,

File For Child Custody and ask Court for Visitation in accordance to Guidelines and also submit your parenting plan to court, request court to direct your wife to come with her parenting plan to resolve the issue. If your wife refuses to comply you can ask court to pass orders on your access application and parenting plan. You can also ask Court to give you Joint Custody.

Enclosing herewith "Child Access & Custody Guidelines" and "Parenting Plan" approved by Bombay High Court

For Asssitance You May also Contact

Child Rights Foundation,  NGO

www.childrightsngo.com

email : childrights@in.com

unable to attach "Parenting Plan".

Kindly download the same from the download section of the NGO website  www.childrightsngo.com

1. If via mediation amicable settlements between parties not possible then “mediation failed” as only observation of mediator as h/er 'Report' to the concerned Court will be sent.

2. Now in the concerned Court the 'AB / Bail' matter will proceed on merits without any inference drawn of the “mediation failed” report. Have faith in yourself.

Buckle up and draw attention of the Hon’ble Court on "merit grounds" to grant you AB / Bail accordingly leaving mediation failed observations aside which is your 'fundamental rights' if sub-paras of @ Ld. Anamika argued vehemently by your side.

Thus your question has very limited opinion and may be you are undergoing low self esteem phase after trying your best in mediation sittings, hence put up such hypothetical que. here otherwise also if you are ‘innocent r/w no harm caused to your wife’ then why bent knee that also in matrimonial cases!


It is thus said;

“Apni wife ki nazar se duniya dekho;

Duniya ka sab se Perfect Man – Uska daddy

Duniya ka sab se dukhi Pati – Uska bhai

Duniya ka sab se sundar boy – Uska beta

Duniya ka sab se nasibdar Aadmi – Uski behn ka pati.

Aur duniya ka sab se kharab, selfish, careless, jotha, kanjus, bekar aadmi –

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Yeh bhi likhu kya aab………!”

“Apni wife ki nazar se duniya dekho;

Duniya ka sab se Perfect Man – Uska daddy

Duniya ka sab se dukhi Pati – Uska bhai

Duniya ka sab se sundar boy – Uska beta

Duniya ka sab se nasibdar Aadmi – Uski behn ka pati.

Aur duniya ka sab se



kharab, selfish, careless, jotha, kanjus, bekar aadmi –

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Yeh bhi likhu kya aab………!”