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Akash (a)     27 December 2011

Wierd situation


Married for 15 Years, two children, rife with father and wife.

Was forced to sell my flat as my father was demanding money. During the sale process, father and wife jointly launched case to stay the sale of the flat. This was settled by way of an agreement registered in court. The sale happened and the agreement executed in toto.

Part of the agreement was to have two fixed deposits made in the name of the children under guardianship of their grand father.

Legal Proceedings

a) Filed for divorce immediately after settling the above agreement.

b) FIR ordered by court as the FD's for the children were encashed and converted in the joint name of grand father and wife.

c) Perjuty proceedings against wife as she claimed to be drawing a salary of Rs.5000/- vs. the actual draw of Rs.20,000/-

d) Maintenance by wife

e) Claim on flat sold by my father (Proceeds from sale Ancestral property were used to purchase the flat)

Escalations to High Court

a) By self for speeding up the investigation in the FIR - Made infructious as Charge Sheet filed.

b) By wife / father for quashing of FIR - Ordered to reinstate the funds in the name of children again

c) By wife / father for quashing of charge sheet filed in the FIR U/s 482 - Order by HC to be sent to Mediation Centre with stay of any coercive action in the trial court.

My Query

The base provided for the 482 was that this is a matrimonial dispute and should be forwarded to the Mediation Centre. Sadly my lawyer did not attend this case.

There has been a documented instance of a criminal breach of trust (as per the Charge Sheet).

I have two courses available to me:

a) Simply deny any mediation and move for vacating of stay

b) Allow mediation if all cases are solved.

What do I do ?

Greetings to all and wishes for a Happy New Year.




 5 Replies

**Victim** (job)     27 December 2011

If i was you i would go with step b) Allow mediation if all cases are solved

1 Like

dipender kumar (advocate)     27 December 2011

I also advise the same, if wife withdraws the maintenance petition and revert the FDR funds in the children's name.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 December 2011

Agreed,if the mediation fails you have not lost much.


Shonee Kapoor

Akash (a)     29 December 2011

A small input here friends that has been overlooked. If Mediation initiates and then made to fail by the other party, the benefit of 482 would stay the proceedings in the FIR. Is it an advisable situation?

The mediation can still happen if 482 is dismissed :)


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2012

Oh I think the case is in UP.


Here the case would be remanded back to trial court normally, with an opinion that the bail be decided on the same day.


Shonee Kapoor

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