Whats next if mediation fail
saurav
(Querist) 18 March 2013
This query is : Resolved
Hi,
My wife had left home without informing anybody and file a compliant against me and my parents in police station stating that we were planning to kill her which is absolutely wrong. Thereafter, after a month we got a reconciliation notice from CAW, then they sent us both to the Mediation center. We were about to settle the case suddenly my father in law raised his raised and insist to forward the case back to Caw. I have following questions:
1) What would happen next. The case is with ACP, CAW?
2) Whether she can ask for separation and without divorce?
3) If above answer is yes, whether I can file for divorce before we have date with ACP.
Please suggest.. I am really innocent and my wife have made false claims against me and my parents. Your guidance in this matter would really appreciated.
Adv k . mahesh
(Expert) 18 March 2013
normally before court proceedings the court will give a chance to settle the matter by amicably like mediation and when mediation fails then you can take another chance
Devajyoti Barman
(Expert) 18 March 2013
The CAW would try to settle the amicably. If settlement is not possible then FIR may be registered and case may be initiated.
For divorce take decision after taking all the things in proper consideration.
saurav
(Querist) 18 March 2013
Thanks Mahesh and Devajjyoti for your feedback.
However, I havent got the answer stated for the question raised above. Request you to please reply to the above questions since it is really very very very important for our entire life.
Also I like to know whether CAW ACP can ask me for her maintanience. If yes, what would be the amount?
Sankaranarayanan
(Expert) 18 March 2013
yes if she is demanding, it is depends upon the need. and decide by the judge according the ratio.
ajay sethi
(Expert) 18 March 2013
fight case on merits ,. dont bow down to pressure tactics . maintenance amount would depend upon your income , whether your wife is working or not . your dependents etc . she will have to apply to court for maintenance
saurav
(Querist) 19 March 2013
Can ACP CAW can pass order for separation? If yes, whether my wife can apply for maintenance to ACP. Or settlement is now not possible since case is with ACP CAW and FIR can only be registered against me.
saurav
(Querist) 19 March 2013
Can ACP CAW can pass order for separation? If yes, whether my wife can apply for maintenance to ACP. Or settlement is now not possible since case is with ACP CAW and FIR can only be registered against me.
Devajyoti Barman
(Expert) 19 March 2013
CAW can neither make any order for separation nor for maintenance.
Raj Kumar Makkad
(Expert) 19 March 2013
all aspects of the query have nicely been addressed.
saurav
(Querist) 19 March 2013
Please let me know whether settlement can be done n front of ACP post mediation is fail? if yes, whether would be next step?
Devajyoti Barman
(Expert) 19 March 2013
Yes, settlement can be reached at before the CAW.
saurav
(Querist) 20 March 2013
If I am not ready for settlement in front of ACP CAW post mediation was failed...then what are the open options available at that stage to 1) wife 2) ACP CAW
V R SHROFF
(Expert) 20 March 2013
U have to defend the allegations & Mtn, DV cases,
Filing Divorce Petition at this stage : not recommended.
It will adversely affect ur case.
Vijyant Nigam (09807349001)
(Expert) 20 March 2013
case will go on and u have to contest it on merit. suggestion of shri shroff is correct, u should not file divorce case.
