Mediation failed in caw - 498a next

Querist : Anonymous (Querist) 31 January 2012 This query is : Resolved
Hi,
My case in CAW, Nanakpura after 8 months reached mediation and now it has been marked as mediation failed because my wife was asking for 1BHK flat in a prime location which I could not afford. The mediator told me that next in the offing would be 498A against my family. DV by wife was filed after I filed divorce which are running parallely. Please advise next course of action from my side.
Regards.

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Devajyoti Barman (Expert) 31 January 2012
Nothing.
If any case is filed then do apply for anticipatory bail and then go on fighting the case till the case gets settled amicably.

If your wife is ready for settlement on any lesser amount of money then it is better going for it.

ajay sethi (Expert) 31 January 2012
yes apply for anticipatory bail if your wife files complaint under 498 A .

Querist : Anonymous (Querist) 31 January 2012
CAW cell would initiate the proceedings for 498A. Few queries:
1. Doesn't CAW cell see that how wives open their greedy self which is even worse than asking dowry maiking it an all profit no loss business for wives.
2. First conselling, then mediation and even if mediation is failing because of adamant nature of wife, then is it my fault that a 498A is being opened against me. It means that CAW just has to prove that they are giving some end to whatever cases they come across.
3. Mediator sympathised with me but still said that if mediation is failing then only step that follows is 498A irrespective of the fact that wife was responsible for it's failure.

Shonee Kapoor (Expert) 31 January 2012
:-)

No they don't close the file as it is a cognizable offence.

Hope you have an effective lawyer. Seek AB, it is called notice bail in Delhi.

Start attending weekly SIFF meetings at Patiala House Court complex every Saturday.

If you think, undersigned can be of any assistance, feel free to get in touch.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sankaranarayanan (Expert) 31 January 2012
well advised by mr barman and sethi to get AB

Raj Kumar Makkad (Expert) 31 January 2012
1. The limitation of the CAW is to try seriously for an amicable solution of the dispute but if their efforts fail, they have no option but the forward the matter for further action without disclosing the contents of meetings and the role of either of the parties taking part in the meeting.

2. Your contention is wrong. 498A is based upon the contents of the complaint and not due to failure of the efforts to bring mutually agreed solution.

3. Nothing to add

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