Rahul Sharma (Others) 27 May 2012

Please guide and help !!

Dear All,

Please help, I got a written reply from respondent on my RCR petition, stating that she don't want to come back because of humiliation at matrimonial home, she has put lot of wrong and baseless allegation on me that I in the sense of alcohol have extorted money from her and her father of a sum of rs 10,000 in the pretext to allow her to enter matrimonial house..Also I use my pet dog to make her scare if she will not bring money for me from her parents ....bla bla..And lots of many other baseless allegations to dismiss my sec9 petition on the ground that I extort money from her. It was somewhat clear from her that she is trying to show the amt they have spent in marriage and money which I have extorted as per them. The court has ordered for amicable settlement and next date is in August.

My entire question is:-

Does that mean my sec9 petition is dismissed or it’s still running?

What does amicable settlement means and how does this works

What could be the probable next step from her side and what should be our -Any precaution or tips to take this case more strongly.

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 27 May 2012

Your case is still running and not dismissed. The case is send for conciliation in order to see if there is any possibility of resolving the disputes between the husband and wife. The mediator will talk to you and your wife, also with the relatives if any present and shall try to provide some harmonious solution to your dispute. If the mediation is successful, then ok but if unsuccessful then, the matter will again run in the court for disposal in accordance with law.

Rahul Sharma (Others) 27 May 2012

Does that means we have to contact her or will have to go via court mediation center to resolve things.

I am afraid of calling them because earlier they were literally ignoring our requests and call and pretext of saying that "will let u know in some day" this has been their pet dialogue. That’s the reason I filled sec9.

So how to move ahead now?

Also, what is evidence stage and what happen in this stage.

Adv Archana Deshmukh (Practicing Advocate) 27 May 2012

You do not have to contact her, the court will give you date when both the parties will have to appear before the mediator in the court mediation/ conciliation cell. The mediatior will try to understand the dispute and find out some harmonious solution which is agreeable to both of you.

At the evidence the parties have to lead evidence in support of their case, i.e prove their case by oral/documentary evidence i.e examine witnesses in support of their cases and file documents if any.

Rahul Sharma (Others) 01 June 2012

Thanks all; this would be helpful to me...not sure how to thanks you people for guiding the public out of no self interest.

One of my friend is asking me to take AB for me, my mother and father...does this make sense at this stage, as of now she haven’t put any case on me but have created ground on her WS reply in my sec9 petition..Just concern about this, Please suggests.

Thanks & Regards,

Rahul Sharma (Others) 12 June 2012

Can some one Please guide me in knowing the procedure of court Mediation or Amicable settlement as per court order in my case. Please help me in knowing what generally happen over their What questions does they ask generally and for how long and on what gap these session happen. Looking at my case brief, Can someone foresee what could be the outcome.