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amol sharma (Group Manager)     11 December 2011

Mediation cell

Kindly let me know if the settlement of the mediation cell is a valid documents.

If yes then can breach of aggrement and contempt of court could be filed .

Kindly advice.

Note: Settlement letter was made and signed by lawyers from both the sides including the mediators and both the parties. Mediation took place at Aligarh Mediation cell of Aligarh District Court

rgds



Learning

 8 Replies

Sanjeev (Lawyer)     11 December 2011

Yes the agreement is binding

amol sharma (Group Manager)     11 December 2011

Dear Sir/Madam,
I was married in 26th Jan'2008 no dowry exchanged.Wife suffering from Bipolar Deficiency.
Gone to her house in aligarh from Lucknow in aug'2008.Had two meeting with my Inlaws in year Dec 2008 and Jan'2010 for reconcilation.

After no answer sent a legal notice thru my advocate .

They filed False 498a,406 and Crpc 125 at Aligarh.Case was transferred to mediation cell. Settlement was reached in aug'2010 .

According to settlement divorce could be taken .But till date they are not ready to give divorce.
I filled for exparte divorce on 31st Oct'2011.The dates were 2nd Dec for Ws and 9th for me to appear .But on 9th other side 
had taken date of 3rd jan'2012.
Kindly let me know what should be my next step and can i file breach of contract.iF yes then help in drafting the petition of the same.
Rgds

Sanjeev (Lawyer)     11 December 2011

How was it referred to mediation did you file a writ at Allahabad HC which refereed the case to mediation. Post Mediation settlement was your 498A case quashed ?

amol sharma (Group Manager)     11 December 2011

Yes it was refered to mediation cell on the request of other side. After mediation all the cases were quashed.

Sanjeev (Lawyer)     11 December 2011

what were the terms of settlement one would be Mutual divorce what else in terms of alimony etc and what terms were complied and is any term pending

amol sharma (Group Manager)     11 December 2011

The terms were 

All the cases would be quashed .

One time money was paid for the expenses done by Inlaws for thr marriage and further livelihood.

Both can live separately and can marry and other person would have no objection and can take divorce mutually.

Sanjeev (Lawyer)     11 December 2011

You should have not applied for contested divorce instead filed a defamation case against the inlaws in the court which quashed the cases. This is a fit case for defamation. This will solve your divorce issue also as the other side would have to agree for divorce which they agreed to as per the mediation agreement and the court quash order.

amol sharma (Group Manager)     11 December 2011

Now i have applied for the divorce what would be my next step . how much time it would take for divorce proceedings .


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