welcome welcome (welcome) 20 March 2011

Kindly give us proper advice on the followings

Kindly give us proper advice on the followings:

1- That I have filed a case under sec. 12 (Haryana) and after this two cases were filed by the girl side in UttarPradesh under sec.498a,406 and others(50,323,3/.4 etc.), and I have got stay proceedings order from Allahabad High Court. can i put this case in 2nd bench in Allahabad High court or put case in re-thinking in the same court.

2- My lawyer telling me that Case in section 12 is not easy to prove because We do not having any Medical proof for that girl is in depression. I am telling to my lawyer that she taken the medition from the many years and there should be some test in the medical science to prove that she has taking medition for many years, help me what to do in this case of section 12.

3- If any settlement (Mutual consent) is made then do we need to take back section 12 case from Haryana and file divorce case then girl side will take back her cases from UttarPradesh.

4- That if we will fail in the settlement and want to shifted these two cases from UttarPradesh to Haryana then what method we should opt.
With best regards.
(M.C. Sharma )

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(Guest)

Allahabad high court would have granted you stay of arrest and would have referred the case to mediation centre. Is your mediation in progress or hasnt started.

There are only three ways the cases can be solved at the mediation centre:

1. You seperate- In that case you would need to agree for Mutual consent divorce and pay whatever alimony decided and documented there. Both sides withdraw there cases so you would withdraw your Sec-12.

2. You agree to live together- then the girls side will withdraw there cases and you would withdraw yours and start again- mostly it dont happen after FIR is registered.

3. No Settlement - Mediation fails - In that case mediation centre will send its report to HC that mediation failed and the case on listing will be decided mostly it cant be quashed at this stage so the HC will send it back to the trial court in UP. Your stay of arrest/proceedings would be withdrawn and you will have to secure regular bail from Trial court within a timeframe defined in the HC order.

with regards to your query on shifting the cases to Haryana thats not possible because the other party would have definately included some instances that happened in haryana this is done to prove jurisdiction as if they dont include any instances in FIR that happened in haryana then the court there would have no jurisdiction.

I am not a lawyer but am going through Mediation @ Allahabad so the three options are the ones that have been conveyed to me by the mediator and post mediation failure there are not much remedies that are available from HC.