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498 A victim (self)     16 December 2012

Mediation succeed but wife is not filing mutual divorce

Dear All,

I had a case of 498A and DV on me and my family, we approached the HC, and highcourt ordered for mediation and we have success mediation by paying the amount the other party agreed for, both the parties signed the agreement at mediation and agreed to file divorce U/S 13B within a month, but now she and her family is not entertaining and answering the phone, also their local lawyer is avioding this issue. I have send communication and tried reaching them they are not responding.

My question is :-

1) if she dont apply for Divorce U/s 13B, than what will be the consequences of this???

2) I have already paid total amount at mediation and it is written in that agreement, what if they misuse and again keep it pending even after taking this money?????

3) can other party file another cases even after paying this much amount???

Request all experts to pls help me in this and share some useful info to take appropriate action.



Learning

 10 Replies

rahul (director)     16 December 2012

im surprize , how u pain the entire amount at mediation?..

when mediation is sucessful.. then normally it 50% paid, and that too at the time of joint statment in 13b1 and next 50% at time of joint statment of 13b2 after 6 month?

i think she made you fool, and mediator also made u fool... dont your lawyer advice you,

 

btw,, how much u paid?.

.

Ranee....... (NA)     16 December 2012

Don't worry..if she has signed agreement, you will get your money back..bring it notice of court.

HK_Jain... (498a Fighter)     16 December 2012

why u paid full amount at mediation center..Its starange......

rahul (director)     17 December 2012

now, you yourself file 13B(1), first motion in court and inform her to comeup in court to sign the joint statment,, and when she dont comeup in the court. ask court to issue a summon  to her to sign the 13b1 as per mediation settlement deed,

court will call her. and she will come to court and she have to sign,, if any way is she is refuse to sign,, then court order her to return money with interest. its depenf. what terms mentioned on your settlement deed,

if it is mentioned that either party cant change their stand about divorce.. then she have to sign

498 A victim (self)     17 December 2012

in my agreement it is written that she recvd all the said money and all cases pertaining to 498 A and related cases have to be withdrawn from both the parties and no further cases will be filed....

Also, agreement states that both parties have to file divorce US 13B within 1 month. and if either of the party infringe this agreement, other party can go legal against them.

1) Can i get ex parte divorce from high court as they are doing contempt of court....

2) what will be the process for filing 13b alone in the court. (@ Rahul), any law for this which you can suggest...!!!

guys request your help...and all experts who can enlighten me..

 

rgds

 

 

rahul (director)     17 December 2012

its like normal petioner u/s 13B(1)  HMA for divorce under mutul consent., only your affidavit will be there because your wife is not responding you to file joint 13B(1) as settleled in mediation.

when court ask for where is your wife's affidavit, then you can explain the detail, then court will issued notice to your wife to complience the settlement.

 

 

rajiv_lodha (zz)     17 December 2012

Not a big deal dear, everything wil move as decided most propably. If she deviates, easy methods are there 2 bring her back to agreement.

It wud have been better if u made payment in COURT'S REGISTERY

adv.raghavan (Advocate,9444674980)     25 July 2013

if both the parties have signed MUTAL CONSENT in mediation centre, and if the other one is resisting

from this, u donot bother bring it to the noticeof concerned court and you have a good chance to win.

498 A victim (self)     18 November 2013

Dear All,

Request urgent help and advise on the same issue, after my mediation suceed on 26/11/12 my ex wife and I filed mutual divorce in Feb'13. But family court is not finalizing it and my advocates are asking for more money or else judge will  again post pone the final day further for next 3 months.

my questions to panel is:

a) what can be done to make this finish early

b) how can i create some pressure on judge or opposite party for faster resolution of this issue

K*I*L*L*E*R (tech)     18 November 2013

How cum judge is not finilizing the 13b divorce, did ur wife supporting u in second motion, I didnt understand ur probl3m how cum court is not finilizing the mcd in 6 months


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