In DV Act & 498A cases,respondents are husband & his mum.Husband is abroad while inlaws are in India.Husband and mum never came for a single hearing.He & his mum are extremely dominating towards the husband’s dad,who’s a very simple man(budhhu type)So they force him to travel intercities for court hearings to deal in all legal affairs and dictate to him what he should say in court,so that daughter inlaw’s rights are not given to her.If he fails to comply,he’s abused by both of them.
In between,only the dad applied for bail,even though the girl had not filed 498A case against him.So,the matter was referred to mediation by Sessions court,in which the girl's lawyer did not ask her permission.
Seeing the dad's old age,the mediator sympathises with him and forces petitioner to settle the case just in 2nd hearing of mediation,to the extent that the petitioner weeps.She was more bothered that the dad somehow gets bail,even when he's not made the respondent..So girl is made to sit in the centre till 9:30 PM so that she agrees.
Finally dad got bail and their lawyer got bail for mother inlaw also just like that,even though she did not apply for it and therefore no conditions were put on her to return streedhan,etc.Girl's lawyer did not attend bail hearing as she said that both will get bail in any case as both are aged.
So she gets little streedhan,and also alimony which is not at par with husband's income.Her gold gifted by inlaws was never agreed to be returned.The father inlaw also refused to bring his son's salary slip to prove his salary and the mediator sides with him.Rather she goes by the false salary he has claimed.(He’s forced by his wife & son to lie)
In all this,the husband's dad is given top priority as the mediator doesn't want him to come repeatedly to court.Hence this forced settlement.Ideally settlement should have happened b/w husband and wife but it happened between sasur and bahu.
1.Is this settlement valid?
2. Does the mediator have the right to force the petitioner to settle the issue without giving her the rightful reliefs?
3.If yes to 2nd point,in which court can a complaint be made against mediator?She's influential and therefore the petitioner's lawyer also is afraid of her.
4. The petitioner is not so well off.She has already paid a lot to her lawyer and cannot appoint a new one now.So how can she complain against mediator?
5.Will the judges believe her if she complains against her?Or will she be at risk for daring to complain against a powerful person?
6. Can anything be done to end these manipulations by the husband & his mother?
7. In which court can the complaint be made?She's a senior advocate in high court.
8. How much will it cost?
9. The mother inlaw,who's the main culprit and respondent in both cases never applied for bail;yet she got it when father inlaw's bail was being asked for by their lawyer.So she was not forced to meet condition of returning entire streedhan of girl,that was in her custody only.So is her bail valid?
Note-In the past also in CAW cell hearings the complaint was against husband & his mum.So they shud have been present.But only the old man was forced by his family to attend these hearings.So lots of adjournments were taken seeing his condition,although the CAW cell mainly wanted to deal with the husband.While the main culprits have never shown their face and are relaxing.
