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harassed husband (def)     10 November 2011

Mediation proceedings: an eye wash

The subject was falsely accused of 498a by his wife. Matter in Hig court , referred to mediation center. During mediation, the mediators requested both the parties to explore possibilty of compromise, if any.

Husband was convinced to shell off monies from his pocket as husband ows moral duty to take care of the finances of his wife . However the wife owes no moral duty towards his husband & which is well indicated by our Indian Judiciary. Surprisingly, the wife is asked to claim any amount from the husband, under the ' compromise' or divorce by mutual consent'. Husband is aware that if he does not agree to the ransom asked, the mediation will fail ( as the report does not mention the reason of failure) and then husband has to contest the case , in the area where wife resides.Moreover the TP of husbands is ususally dismissed.Hence the wife enjoys all the powers to screw the mental,economic & social health of husband, in the years ahead.

Is this mediation we boast of? Or a tool to blackmail husband under the disguise of 'compromise' within the framework of indian judiciary? Does mediation is just to facilitate dailogue between both the parties? Rest is left between the parties to decide bringing no evidences on record?Or are the mediators merely silent observers with none applying logic/efforts to bring the marital disputes to fruitful conclusions? Why are the parties not asked to bring the ITRs to have more transparency in the finances.? Giving & taking dowry both are an offense, but the givers want to claim back this money & a lot more  through legal channel!!.Kudos to the mediation cell!!!



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 1 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2011

:-)

 

All alternative dispute resolution mechanisms seem like a trap to innocent and an opportunity to blackmailers.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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