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Kirti (ABC)     20 July 2011

Attending mediation centre date after mutual consent divorce

Dear Respected Lawyers,

My daughter in law filled a false DV case in lower court in Agra last year and we approached to high court, Allahabad high court sent this case to mediation and till January 2011 no date came from mediation centre for any mediation activity, In march’2011 my son and his wife agreed for mutual consent divorce and filled a petition in Family court in Agra. MC divorce petition is in 6 months grace period within the family court, Agra. and date is somewhre in Sept 2011, Now we received a letter for mediation date from mediation centre and date is for mediation is in July.

My son is working in Bangalore and it might not be possible for him to go to high court mediation centre on the due date.

1.       Is it possible for my high court lawyer to submit the MC divorce petition in the court and declare that divorce is already happened?

2.       Is my son’s presence is mandatory in the mediation centre on the due date after MC divorce?

3.       Any other possibility if my son is not able to attend the mediation centre date.



Learning

 7 Replies

rahul (director)     20 July 2011

no need to go to mediation because there is already mediation happen in your case and MC already file 4 month before.

your lawyer just inform the court and well as mediation centre  that matter is already settled, so that court will close the case.

Ms Liberal (others)     20 July 2011

Respected Ma'm,

The purpose of the mediation is for reconcilitation in which 2 parties must present and present the grievances and mediator will pass directions and send the report to the court and which later on reservd the order

Till now the divoce has not taken place, so giving wrong statement before the coourt is also wrong The divocee fianly takes place only on sept 2011 whenm the court passes the second motion under MC

Its always better for reconciliation but if its mutual consent divorce then its differnt...

Its better to attend The Mediation Center in person as all liabilites on each other will be resolved there only. You can move an applicastion for change of date if your son find is inconvenient to attend oTHERWISE THEY SEND ANOTHER DATE OF HEARING AND MAY GO INTO REVERSE AGAINST YOUR SON AS MEDIATION IS ACTING UNDER DIRECTIONS OF HIGH COURT
 

Sanjeev (Lawyer)     20 July 2011

As your DIL has agreed for Mutual consent she would have withdrawn all her cases in that case DV would also have been withdrawn so you would not need the mediation.

If you dont appear at the mediation date the mediation centre would refer back the case to Allahabad HC - which will list the case and send it back as it would not quash the case.

As most likely your DV case is non existent than you may not attend the Mediation date. The number for mediation centre is 05322423865 in case you need to confirm anything from there.

 

rajiv_lodha (zz)     20 July 2011

Though I do not know the exact terms & conditions both the spouses agreed for b4 writing MCD, but mostly there is a clause--- that she will take back all litigations b4 it matures.

Also whats about pending 498a/406 if at all?

Ms Liberal (others)     20 July 2011

Women gives undertaking uin the court that she helps in withdrwing the cases filed by her

Kirti (ABC)     20 July 2011

Thank you all for your comments,

My daughter in law also filled 498a (in this case FR was filled by the police and nothing happened), CRPC- 125 was rejected by the lower case as my son never attended case nor got any summons, While filling mutual consent divorce - it was stated that she will withdraw her cases - if any, in this case she will ask lower court to accept the police FR or not to take any action on the FR. CRPC - 125 - Already rejected by the court and will never try to get maintenenance as she is getting a alumany for MC Divorce. Also she will appear in mediation centre to withdraw her petition filled for DV act.

Now, if my son is not appearing or one of my family member go to highcourt with my highcourt lawyer and presents the certified copy of the MC Divorce petition, so is it fine or again he has to come personally to the mediation centre. 

Kirti (ABC)     20 July 2011

Thank you all for your comments,

My daughter in law also filled 498a (in this case FR was filled by the police and nothing happened), CRPC- 125 was rejected by the lower case as my son never attended case nor got any summons, While filling mutual consent divorce - it was stated that she will withdraw her cases - if any, in this case she will ask lower court to accept the police FR or not to take any action on the FR. CRPC - 125 - Already rejected by the court and will never try to get maintenenance as she is getting a alumany for MC Divorce. Also she will appear in mediation centre to withdraw her petition filled for DV act.

Now, if my son is not appearing or one of my family member go to highcourt with my highcourt lawyer and presents the certified copy of the MC Divorce petition, so is it fine or again he has to come personally to the mediation centre.


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