Mediation for mcd and alimony
Aarti
(Querist) 16 September 2016
This query is : Resolved
Dear Experts,
I am separated after short failed marriage and several cases are in progress. I have filed police FIR (498a) and DV, 125. Husband has filed a police case in his state against me - no FIR, it is private case.
498a FIR absolutely no action has been taken by police for last 1 year. DV and 125 cases interim orders have not been passed yet.
I am working in MNC and earning 60K pm. Husband has written his income as 1.3L pm. His actual income is 4L pm but it is in black and I have no proof for that. No children present.
From reading on internet I feel like I have less chance of getting interim maintenance. High Court passed judgement saying no maintenance to qualified, working wife. This came in news. My confidence is very low for the maintenance after reading that.
Can I ask judge for court mediation in DV and 125?
I am tired of court dates and it affects my work. Husband never attends, only his lawyer is attending. In earlier mediation I had refused to settle and thought husband will realize. But he is very stubborn and cruel man, he will never realize his wrong and I don't want to waste time anymore. I am 32 years age.
Relations between families are very bad and no one has talked to other side in more than 1 year. I want to get interim maintenance so that he will have pressure to do proper divorce. But court is giving dates after 3 months gap, nothing is moving and time is ticking away.
I want to get lump sum and MCD and help from court to do the mediation. I refused settlement in earlier mediation, will court allow mediation again and ask him to attend in person? How to convince husband for MCD, fair alimony and marriage expenses? He is not having any pressure. I have tried everything. If I don't get interim maintenance then he will become even more confident. Husband is a sadist and is hell bent on spoiling my life.
Thank you for your help.
Devajyoti Barman
(Expert) 16 September 2016
I do not thin you are eligible for maintenance when your income is handsome 60K.
Rather go for trial of DV case and try to extract compensation from court which is permissible.
If your husband was torturous then you should have filed case u/s 498A.
Raj Kumar Makkad
(Expert) 16 September 2016
You have already filed cases under section 498A, DV Act & 125 Criminal Procedure code which are major part of the package of matrimonial disputes. Only divorce petition is remaining to be filed on either side.
Ego is the major problem in present set up of matrimonial life. If we think with cool mind about our forefathers past and their glorious married life, we come to know that they seldom had the egoistic mind and had a tendency to accommodate each other. In the name of modernization, we are ignoring our best traditions and culture as a result of which the institution of family is bickering day by day.
Anyway, come to your problem now. Being working and getting handsome salary, your chances to get the interim maintenance are very bleak. Black money cannot be provided unless there is strong evidence in your hands like his expenses/purchase of properties more than his declared income.
You can definitely through your lawyer pray for the mediation at any time but beware life is a compromise. If you again become adamant on your demands, the chances of such meeting shall again remain futile and in that event, the court may refuse for further mediation meetings.
If you effectively and vigorously persue your pending cases, then only your husband may be pressurized for the MCD. You need not to come personally to attend the hearings. Your lawyer is competent to do so like the lawyer of your husband so dont show disturbed in your life on that ground.
Aarti
(Querist) 16 September 2016
Thank you experts for your advice and time. I really appreciate the honest responses.
Rajendra K Goyal
(Expert) 17 September 2016
Agree with the expert raj kumar makkad.
Guest
(Expert) 17 September 2016
Well advised.
