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.
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.