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FightForCause (Businessman)     08 October 2013

Mediation- who all can attend

Hi experts,

I have a DV and 498a case running against me . I am the only respondent.

Wife asked for interim maintenance in DV case and after 2-3 dates of delaying argument on same asked for mediation.

Judge forced mediation on us though we said we are not interested.

My Question- Who all sit in mediation

  1. Me and my wife and our lawyers
  2. or My wife, her relatives and their lawyers with my relatives and lawyer.

My lawyer mentioned option 1 is only possible and i want to keep it that way.

If their side come up with her parents can i refuse their presence.

I do not want to live with my wife anymore after 498a , i have a girl child of 1.5 yrs , i am ready to take her if she give, nothing else.Will not give her single penny through out of court.

Kindly guide.



Learning

 7 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     08 October 2013

Counslar and panel advocates with he and she and (optional both lawyers)

FightForCause (Businessman)     08 October 2013

Thanks a lot sir.

Panel advocates ... can they force something on me.

My strategy is to sit tight lipped until very necessary and later tell them i cannot co-habit with her as she has lost all my trust afte rfiling criminal case.

Is this OK..pls help

rising up again (FFF)     09 October 2013

a lot of pressure and threats will be put on u when u sit thr. but u stay calm and handle it wisely. NEVER say anything wrong which might go against u later. do not open up ur future strategy or abt the proofs u have against her. just attend and come back. no one will hit u, abuse u or put u behind bars.

and best... if u can bribe the counsellor do it... he will be much polite then and he will even tell u one day before that he wil scold u in front of the other party. all in possible in india. try it !!!

also, the mediation is just to try sorting thsi problem by way of a mutual consent divorce. you may also try this by paying some amount to your wife and settle things in 6-7 months rather than wasting years in it.....and spending much more in courts/ lawyers/ police etc etc


(Guest)
Originally posted by : BVToDV

Thanks a lot sir.

Panel advocates ... can they force something on me.

My strategy is to sit tight lipped until very necessary and later tell them i cannot co-habit with her as she has lost all my trust afte rfiling criminal case.

Is this OK..pls help

Your strategy is absolutely correct.


Keep mum.


Finally tell its not possible in a gentle manner and walk out.


They will shout at you.. make you want to shout back at them, but keep your calm.


Her parents might try to give a piece of their mind to you, but you ask the mediators to kick them out.


Good luck.

FightForCause (Businessman)     09 October 2013

Thanks Helping hand and Rising.

Can Mediator force me to answer anything..

Like if my wife says she wants to saty with me and mediator ask me am i ready to take her....can i keep mum or have to answer.

If she asks am i ready to take my child - should i say tell this in front of Judge not here.

I also do not want more than 1 mediation , can i end mediation in one date? or can mediator force more dates...can i ssay NO.
 

rising up again (FFF)     10 October 2013

nothing is as per ur wishes and comforts..

FIRST, u decide what u want with your wife - stay wid her or leave her ??????

....and then obviosuly have to answer them a yes or no. if the mediator asks a question, u will have to answer....in minimum words. POINT IS - u should not be aggressive or angry or shout on ur wife's answers. keep CALM and answer in the most politest way...   the mediator will never force you to give an answer, and even if he does, do not sign any papers till you want to sign. the papers means, you agreeing on few terms and that will decide you both stay together or go ahead to get a divorce....

 


(Guest)

Nobody can force nobody. As simple as that.


Mediation efforts will continue on and on till you get divorce.


Your wife has all the right to tell that she wants to cohabit with you.


You too have the right to say that you do not wish to cohabit with her ever again.


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