Mediation
Guest
(Querist) 22 March 2013
This query is : Resolved
Q)in transfer petiton filed by my wife in supreme court of india where court refer matter to mediation center of supreme court .yesterday during mediation mediator ask me to deposit 2 lakhs with him . i want to know is there any procedure in mediation center.secondly my wife is demanding travelling allowance for attending mediation i want to know does meditor has power to give her travelling allowance or court will look into the matter. thirdly and most important query is that my next date of transfer petiton is on 5/04/13. if my wife personally appear in court and pray for transfer of my divorce case to her native place, does court consider her emotions or decide the case purely on the facts and circumstance of the case?
Devajyoti Barman
(Expert) 22 March 2013
There is no point in mediation after depositing so much of money. The money asked to deposit is bit high.
Guest
(Querist) 22 March 2013
R/ sir ypu have not resolved my other queries
Sankaranarayanan
(Expert) 23 March 2013
yes mr barman pointed well. with our knowledge the amount is high .
Guest
(Querist) 23 March 2013
Q)sankar sir plz resolve my other parts of my query above
Sankaranarayanan
(Expert) 23 March 2013
http://supremecourtofindia.nic.in/MEDIATION%20TRAINING%20MANUAL%20OF%20INDIA.pdf
Guest
(Querist) 26 March 2013
Q) Does mediator of supreme court has power to grant travelling allowance to wife from husband for attending mediation?
Guest
(Querist) 28 March 2013
Q) plz reply my query
Guest
(Querist) 04 April 2013
Q) makkad sir gd morning plz reply my above query
Raj Kumar Makkad
(Expert) 04 April 2013
Gud Morning.
Mediator has no power to direct either of the parties to mediation to deposit a certain amount with him as this is the job of the court to decide. Mediator even cannot direct you to grant traveling allowance to your wife while she comes to attend the mediation meetings.
Court has amble powers to take into consideration all relevant facts in the light of relevant rules and then decide the matter.
Generally transfer applications from the side of wives is allowed and if not allowed then the husbands are burdened with the traveling expenses if wives are having sufficient means to bear all those expenses and maintenance.
Guest
(Querist) 04 April 2013
Q) makkad sir gud evening my query is that in domestic voilence case filed by my wife at punjab court order 1/3 of my salary and a letter is written to my drawing disbursing officer, but letter has not reached my office yet nor i got that copy but my wife has that copy. now problem is that should i deposit maintenace amount in court or wait till that order reaches my office my next date is on 20/4/13. my real problem is that when that copy reach my office my office will recover that amount from the date of order which was issued on 25/11/12.
Raj Kumar Makkad
(Expert) 04 April 2013
Your office is bound to follow the verdict of the court. It shall be in your interest to obtain the copy of the order from your wife and then ensure its receipt in your DDO so that you may not be burdened with a heavy amount at one time.
Guest
(Querist) 04 April 2013
Q) makkad sir i want to knw that i belong to jammu and my wife from punjab if maintenance amount is deducted from my salary through office how my wife will get it i.e she has to personally come to office or amount is credited to her account in punjab?
Raj Kumar Makkad
(Expert) 04 April 2013
Amount shall have to be sent by your employer as per direction of the court. It may be deposit in the bank account of your wife or to send it to the court of Punjab from where your wife shall be entitled to get every month or it may even be sent through money order/pay order/DD etc.
Guest
(Querist) 06 April 2013
Q)when my wife file transfer petiton of my my divorce case our counsel during hearing said to justice g.s singhvi that i am ready to withdraw divorce petiton and bring back wife in his family fold on this justice refer this case to mediation center of supreme court .till date 6 session of mediation took place.and there is no fruitful result. i ask my wife to join me but i have certain condition and she is not ready to live with my condition. now i have decided to withdraw my self from mediation on next session. i want to know if i straight away refuse the mediator that i am not intrested in mediation. does that effect transfer petion in the court or can justice ask us why you have withdraw from mediation when you decided to withdraw divorce case? plz reply
ajay sethi
(Expert) 06 April 2013
attend mediation . dont with draw from mediation . if mediation has failed then court will allow your wife transfer petition . convenience of wife is taken into account by the courts
Guest
(Querist) 06 April 2013
Q )after attending six session no outcome has came out instead i have to suffer financially to attend mediation from j and k to delhi. Moreover if it is clear that case will be transfer to wife native place at punjab then why to contest this case. court wont decide the case on its merit.?
ajay sethi
(Expert) 06 April 2013
if no result has been arrived at even after 6 hearings inform the mediator that mediation hass failed .
ajay sethi
(Expert) 06 April 2013
court wont decide on merits . case would be transferred to punjab
Guest
(Querist) 06 April 2013
Q) if court has to favour woman in every case of transfer petiton its mean i have made a big mistake to defend transfer petiton? I have seen judgement where transfer petiton has been dismissed by s.c of india
Guest
(Querist) 06 April 2013
Sethi you are just discouraging the morale of affected husbands of treacherous wives
Guest
(Expert) 06 April 2013
Mr. love manager,
How you have come to the conclusion that Shri Sethi is discouraging the morale of affected husbands of treacherous wives? It is neither the question of favouritism by court, nor Shri Sethi intends to discourage your morale, but it is the law that is favourable to women, which Shri Sethi would have pinpointed to you, as an impartial peron, which your lawyer would not have done by providing you the clear picture.
Guest
(Expert) 06 April 2013
About attachment of pay, your DDO would be bound to remit the amount directly to the concerned court of law as per the insructions of the court, or in the absence of any specific instructions, by DD or money order. Your wife can claim the amount from the court of law, as may have been received from your DDO.
Guest
(Querist) 06 April 2013
R/Dhingra sir my query is that i have seen certain judgement where transfer petiton of wives are dismissed. Does court decide case on its merit or straight away transfer the case? One more query sir ,can supreme court forcibly direct husband to live with his wife
Devajyoti Barman
(Expert) 06 April 2013
You are here to seek help free of cost.
If you are not satisfied with any reply then you may disagree but do not make such caustic comments about any experts here.
Be cautious next time.
Guest
(Expert) 06 April 2013
Dear Love,
Merits of the case are one of the element of the most important criteria taken in to account. If harassment of the husband is the sole intention of the wife in seeking transfer, her case can be turned down by the court. All depends upon circumstances and merits of the case, but with due regard to the prevalent law.
About your other point, question of forced living does not arise. Here also merits and circumstances of the case work with due respect to the security of wife.
But, please be aware, merits of the case do not crop up automatically. Your advocate must be able to represent them effectively before the court of law. Moreover depending upon the court's interpretation, some points that may seem to contain merit in yours or your advocate's mind, may not be of any merit to the respective court.
Guest
(Querist) 06 April 2013
Q) makkad sir gud evening i want to knw does supreme
Court force me to live with my wife against my wish
