Mediation fail
Arjav Mehta
(Querist) 29 August 2018
This query is : Resolved
Dear Experts,
My Lady Friend attend 2 Mediation and third mediation is still pending.
She is not ready to go with her husband, but husband ready to take her back to home.
She argued that she is victim of DV,Mentally Harassment and cruelty and husband accepted that she is right and i guilt for the same and I am ready to take her back to home.
Now Mediation lawyer and Judge told that the case may be transfer to Gujarat high court instead of civil court .
Sir, why the case is transfer to High Court ? is there any specific provision or what?
She is not ready to go with her husband . is there any legal situation that judge may be ordered her to go with her husband ?
kindly guide me
Dr J C Vashista
(Expert) 30 August 2018
1. No court / authority/ person can compel anyone to join matrimonial life with his/her spouse.
2. Let the lady seek guidance from her lawyer who is able, competent and intelligent enough to advise and proceed as required.
NANDKUMAR B SAWANT
(Expert) 30 August 2018
1.as no progress in mediation instead of prolonging mediation just close it and request mediation officer to send back the case to regular court where the case was filed. There she can defend the case with help of advocate and when the said case is decided by District family court.. Then appeal will be before high court.but no court will force her to cohabit without her willingness and against her will as cruelty allegations are made by her. Good luck
