Allahabad hc mediation centre

It is important to go at the date as it will impact your stay of arrest if you dont go. I think there must be some other family members of yours who would have been charged in the FIR and their stay would also be covered by that order. Let anyone else from your family go there on the appointed day ( as they would also be covered under the writ) and seek a date this will atleast keep the stay active else in case no one visits from the petitioner side the mediation centre will send a failure report and HC will list the case and vacate the stay of arrest that will require all to seek bail.

There may be someone visit the mediation centre from your wifes side and a agreement may be arrived as to close the case. Do seek another date from th MC. The presence of someone from your family is important dont take it lightly.

Thank you for helping. No one from the wife's side is going to come. The case is beyond repairs (there is a lot of background but you can please take my word that there is no scope for any mediation). The mediation is going to fail even if my father goes there because the wife's side is not going to come. The 498-a case is 7 years old. If the stay gets vacated, then proceedings would re-start in the lower court.

if you dont feel that the mediation would be a success than you should not have applied for Quashing as referring to mediation is of no use than...I feel there is no harm in trying once do send someone on the day appointed may be the other side is also fed up with the long litigation and may be looking for a common ground to talk and finish it at some condition.

Sometimes the most difficult things get sorted so why presume failure in advance. If no one visits than all money in filing the writ would be a waste as the stay will vacate in a month at least take a date of one month that will keep the lower court proceedings still stayed.

And if it gets solved your all problems would be wiped off try making someone visit once on the apointed date and if knowone arrives ask for a date. I have seen many are able to arrive at a settlement at the mediation centre and may be god brings a end to your problems.

Thank you again for your guidance. No one from the wife's family ever comes. She has re-married and since then they have lost interest in the case. So the settlement can not happen. We have tried talking to them as recently as 1 week back. Now my question is when MC sends a report to the judge whether it will say "Settlement failed" Or will it also write that the boy was present and ready for settlement while girl did not show up? 

one question if you are abroad what is the status of your bail and proceedings in lower court what is happening in lower court.

The report would say 'parties not interested in mediation' if the other side sends a representation through a lawyer stating that they dont want mediation.

Second, if both parties arrive and mediation fails then it would say 'Mediation failed'.

Case in lower court was stayed around a year back since the time quash was admitted in the high court. So there have not been any proceedings in the lower court since a year.

Thank you for all your help. What would the report say in the following 2 cases - 1)no party shows up 2)i show up but no one from the girl's party shows up

it hardly matters what is the reason for failure. The mediation centre just sends a failure report without putting any blame of non appearence of any party or reasons for failure.

great, thanks, this solves my problem - "it hardly matters what is the reason for failure". So then my going there would be a waste. I might be able to get 1-2 months extra time by going there but frankly spending so much money on air ticket to buy 1-2 months extra  time is not worth it. 

If you are not going, send a medical atleast, so that court doesnot look at it unfavorably.

Sometimes these things start to matter in the mind of judge, afterall he is also a human being.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com