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Ekta   18 June 2024

Possible outcomes of mediation in 498a when husband is delaying & not taking it seriously

My husband appeared in first two dates & kept ranting that he wants to take me back. But he didn't attend third date as he was supposed to bring rent agreement of the flat we decided to live after compromise. He is appearing regularly in court for interim bail while he didn't come in last mediation date. Now mediator has given one last and final date or else the case will go back to the court. We are thinking that husband is playing all these tricks to extend the dates, test our patience, and to save himself from trail. I made my mind to go back despite having all proofs of his first marriage and wrongs he did to me. What would be the best way to deal with this? Is it true that my husband, his parents, and lawyers are fooling us again?


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     18 June 2024

Since he is not turning up before mediation session, it is clear that he is up to some mischief, hence it may not be advisable to trust him anymore with the given behavior.

You may not opt for any compromise and allow the case to go for trial 

He will then realise and run to you apologising and requesting you to return. 

Ekta   18 June 2024

We are also thinking what you said, if he and his family ever desired to take me back then he would be attending the mediation along with the rent agreement documents. Mediator also told us that they don't want to take me back by choice, husband is only doing this for the sake of court cases. 

Husband is taking interim bail on the name of mediation while he didn't attend last date. Can we ask court to reject his bail as he is lying that he is participating in mediation timely? 

If case goes to trial, will court again force us to mediate? I don't want to give him another chance to take advantage of legal process. Husband and his lawyer both are very clever, involved in multiple cases in other states.

T. Kalaiselvan, Advocate (Advocate)     18 June 2024

You can file an application intervene petition to record your objection to his anticipatory bail application.

The criminal case trial will not have a mediation session once again.

You can decide about filing divorce case also simultaneously due to prevailing circumstances.

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