need help under section12(A)domestic violence

Querist : Anonymous (Querist) 24 February 2011 This query is : Resolved
Respected sir/Madam,

Can Court deny for mediation if respondents demands to settle the matter?

if proper reason provided to the court for mediation but Applicant deny in such circumstances can respondent demand of certified copy of her denial?

case of dv is not forwarding from past one year and the only earner of the respondent family has lost his job due to mental stress and hypertension .

from the begining of this case he is telling to the court that he wanted to stay with the applicant but she is not staying only and mere demand of money from her side but courrt is not giving attention on his words.

what to do in such situation ?

if trial court denies can we appeal in high court for mediation ?

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Devajyoti Barman (Expert) 24 February 2011
Sending the case for mediation is not the matter of right of the parties and the court can exercise its discretion not to send it for mediation. However to avoid inordinate delay and to expedite the case you can apply before the High Court for necessary direction.

adv. rajeev ( rajoo ) (Expert) 24 February 2011
I agree with Barman.

Atuliya (Expert) 24 February 2011
Under the PWDVA the Magistrate u/s 14 can order counseling of the respondent or the aggrieved person either singly or jointly.
But what i understand is that your case is not progressing so what you need to do is get the matter expedited rather than seek mediation / counseling. I am sure the Magistrate must have ordered an interim maintenance to be paid to the lady. So why are you wasting time get over with the case fast.
With due respects to other learned members of the legal fraternity, most of the DV case Applications/ petitions are horribly drafted [in fact they make a pathetic reading]. It is a shame that, such Applications are admitted and orders passed. If properly contested with sincerity by your counsel I can assure you the DV Application would be dismissed.
Good Luck to you.

Ajay Bansal (Expert) 25 February 2011
In PWDVA there is no provision of mediation between parties as is present in section 25 of H.M. act.So court can not do meiation in PWDVA.

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