Mediation
priyanka
(Querist) 24 October 2013
This query is : Resolved
what is mediation? Is it necessary to go into it in order to seek divorce? specially when hearing everything honorable judge himself asks lady whether she will prefer divorce! and the answer given is affirmative!
priyanka
(Querist) 24 October 2013
kindly answer my querry
What is mediation? Is it necessary to go into it in order to seek divorce? specially when hearing everything honorable judge himself asks lady whether she will prefer divorce! and the answer given is affirmative
Devajyoti Barman
(Expert) 25 October 2013
The court can any stage of a suit ask for reconciliation if the court thinks the situation is ripe of this.
However of any of the parties refuses to reconcile, the case would be heard in merit.
priyanka
(Querist) 25 October 2013
how much time a mediation procedure takes,,is it done in one sitting or several sittings of several months? in my point of view in a 22 year old marriage it is a waste of time cause without any mediation or legalities we reached to 22nd year of marriage from 10/12 year dispute.. its now when things are beyond repair i filed the case of maintenance and DV. To a mother of two teen aged who is doing all her responsibilities what will counselors counsel..i want to live away for the good of my kids cause father son relation too is badly affected due to marital discord.Children are progressing well in all areas when away from father.
priyanka
(Querist) 25 October 2013
thank you all for earlier replies...Barman sir kindly tell me my recent query...thank you .
Devajyoti Barman
(Expert) 25 October 2013
It would depend upon the progress of talk. If in the first or second sitting the parties expresses willingness not to patch up then mediation would fail.
In general course the mediator takes effort to make at least three sitting.
I repeat if you do not agree then make it known to mediator at the very beginning.
ajay sethi
(Expert) 25 October 2013
agree with mr barman .
priyanka
(Querist) 25 October 2013
yeah! Thank you so much,,,i too was thinking why should we waste their efforts and time along with mine.My husband is not wanting to give maintenance to even our kids and trying all out efforts to deny it..he hired a detective..initiation of mediation is probably to buy some time to collect i do not know what?..anyways...how long can a father deny his children's right.or he may be thinking that we will get frustrated and harassed. It is clearly understandable why he want to keep his family with him after i filed DV and maintenance when he was never been a happy soul with family members in the past and himself deserted us from last 3 years.
priyanka
(Querist) 25 October 2013
sir< i am a mother of two teen aged sons filed maintenance and DV cases,,,now after telling the truth to mediators what and how should i go about my cases to get an early maintenance for kids and home...i am single handedly bearing every responsibility of kids and home..i do not work anywhere...but recently started a small business of sarees from home. its not established yet.i have debts on my head..how to expedite the maintenance case? my husband works in PSU and earning almost 2 lakhs per month.
ajay sethi
(Expert) 25 October 2013
if he has deserted you for 3 years there is no sense in going for reconciliation . go for divorce by mutual consent
ajay sethi
(Expert) 25 October 2013
if your husband is earning Rs 2 lakhs a month ask your lawyer to apply for interim maintenance in DV case . since you have 2 children to support court will award you decent maintenance .
priyanka
(Querist) 25 October 2013
please guide me as i just want to get out of my abusive marriage and focus completly on my kids...how can i get divorce along with maintenance for my kids>? plz go thru ooper wala msg in which i have forgotton to make it open. thanks a ton to all.
ajay sethi
(Expert) 25 October 2013
you must have engaged a lawyer . if you have filed fr divorce and your husband is not opposing it you may get divorce in a year .
if your husband is opposing your divorce petition it may take years .
Rajendra K Goyal
(Expert) 25 October 2013
You may prey for interim maintenance through your Advocate. Mutual Consent Divorce is the fast method otherwise it may take years.
Devajyoti Barman
(Expert) 25 October 2013
Yes, do ask for maintenance which would be granted keeping the income of husband in mind.
Adv. Chandrasekhar
(Expert) 25 October 2013
I can understand your hurry about getting divorce. The quickest method is mutual consent divorce. But for that both husband and wife have to come to agreed terms. If your husband does not accept, you have to file divorce case under the ground of cruelty as well as other grounds, which are available to you. In respect of maintenance, if you are not working woman you can seek maintenance for yourself as well as children till they attain 18 years of age. It would be about 1/3rd to 1/2 of his income. For that, you have to file either S125 cr.P.C. case or Domestic violence case and my suggestion is to go for former. In this case itself you can move application for interim relief and you will get it within 6 months from the date of filing and in some cases, it will be much quicker. In respect of mediation in divorce case, it is mandatory in the matrimonial disputes, if you like or you do not like it. You fulfill that formality within 2 or 3 dates and it does not have any bearing for getting interim maintenance as both cases are different and run on different tracks.
priyanka
(Querist) 05 December 2013
thanks a ton to all...i have attended mediation told them the facts in the very first meeting..in second mediation they talked with my husband ..meanwhile in presence of mediators my husband met our children(both teen aged)father got into quarrel/arguments with sons as usual over the issues of justification of his activities of physical violence on their mother and financial issues...hence ordered by mediators not to meet any further with younger one,12, considering his emotional state(he is afraid of his father)to elder one,16, father can only meet in my presence.
in second mediation, mediators suggested me that they will get me more maintenance, house on my name,streedhan back to my custody and no harassment of any nature from my husband if i do not go for divorce and live in seperation...because my husband is not agree to give me divorce.they said if any of ur terms and conditions he violates u can use that as a ground for divorce and get it.
my question is: 1- after yrs and yrs of physical mental and emotional torcher how can a man even desire not to give divorce?...2-who is he to decide on this when on the practical grounds he is not even doing his duties as a father and a family man?
4- he has damaged my image and dignity in electronic media with all built up stories and manipulated facts and figures according to his wish.i have made a mention in the mediation too...he did include our minor children into false and made up stories of lowest level..which is unacceptable as a mother, as a person. he is doing all sinful acts and our mediators suggests me not to take divorce for the sake of children!! whereas i have raised a step to ensure a secure healthy and positive future of my children away from their father,sadly whose presence is badly affecting the upbringing of children in every manner.
what shud i do? whom i trust?
i have decided:
1- if court get me assurance and confidence that husband will apologize towards the damage he has done and removes every false allegation..gives maintenance and whatever mediator promised me with 0 harassment of any nature. then i go for separation.(is it possible what court is promising me?)
2- i am 100% sure he will never agree on my terms and will deny maintenance. then? will i be granted divorce with maintenance to my kids by the honorable court?
priyanka
(Querist) 05 December 2013
or in these situations do i need to file a fresh petion for divorce? in that case how can i get maintenance for my kids upbringing and education...have already filed 125 about a year back,,,DV too..but no progress on those...i really do not know what is happening...totally cluless...nxt date for final mediation is 16th dec.
Guest
(Expert) 06 December 2013
For this you definitely need an advocate If you had already engaged what does he say.Now a days there are special Legal Aid Forum for women in all the courts if you want you could approach them.If you had already filed for divorce it could be requested to treated on urgent basis by your advocate for hearing
Devajyoti Barman
(Expert) 06 December 2013
Consult another advocate.
In DV case the order of maintenance is easily given.So much time should not be taken.
Rajendra K Goyal
(Expert) 06 December 2013
It seems that the husband is not ready to agree for divorce, the case may drag for years. Enough time has passed, no maintenance could be decided, consult another lawyer.
