One point was not very clear in your Query that your 498A Quash is likely to be sent for Mediation or your Divorce case. Presuming the Mediation is for 498A then it works as follows:
- Ensure your lawyer deposited the Mediation amount at the Mediation Centre -Allahabad
- On the date you and your wife will be required to appear- any default on your apperence will result in mediation centre sending back the case to HC that will be not in your favour.
- The Frequency of date depends on you--- You can always request the mediator that you need to book your tickets and reservations are not available easily so on request you can always get a one month to 40 days date at a maximum. The mediators dont want to give very long dates as they feel that this may be misused by the petitioner to prolong the proceedings. But yes they do give a month after dates.Its very easy commuting to Allahabad take Rewa express a day before its starts at 11PM and reached Allahabad at 9am mediation centre you need to reach by 1PM and it works on Sundays and many times the dates are mostly on Sundays as Mediators are HC lawyers who are free to mediate on Sundays.
- No Physical assault possible as Mediation Centre is within HC premises and well guarded. The apprehension about assault is incorrect to assume.
- The Advice I can give you about Mediation is that you need to ensure that Mediation dont end on the first date so keep your cool as if it ends then you will need to secure bail that is tough for the Husbands on the first go in UP. I will share some orders that can be secured but that at a later stage.
- The Mediation Centre has just three things to offer:
1. The Husband and wife reunite
2. Seperate and pay Alimony
3. No agreement then Mediation fails.
The first one seems not possible in your case but yes the second has chances. The moment you meet the other side your blood will start boiling and you may act in anger saying no to every otion and mediation may fail. Once the other side say no to reunion the second offer will be for alimony that will be high initially keep denying for such high amount and then take a one month after date to think if you say no that day it will end.
On the second date try to bring down the amount and settle then again you will get a third date to get a DD for the amount settled if you want to pay take the DD and settlement will be made on paper stating that the case 498A will be quashed and you both will apply for MC divorce. In case you dont feel like paying dont take the money but that would be your last date. In some cases it do happen that wife side dont appear on 1-2 dates thats also not bad for you you should be present and get the dates saying that they may appear on the other date and you want the mediation.
With my experience I have seen that teh other side normally reaches a agreement at Allahabad as they know that this is the best ground to settle else there would be no other place. Your strategy at Allahabad should be to prolong and not to end so instead of denying say I need to think and check if I can arrange the money.........
One more point is that Mediators use your own Counsel to put pressure on you---- they know the counsels personally as they all are HC lawyers so they talk to your counsels to put pressure on you to settle for a ...amount etc and same with wifes side. So In case you feel during the first date that your counsel is speaking negative that if Mediation fails you will land up in Jail then you can think of not taking counsel on the second date. You may ask the others sides counsel to leave if you are not taking your counsel inside.
But all depends on your confidence and how strong you are ----as they would put pressure on you saying that you and your family will land up in Jail if Mediation fails and u will be made to believe this which is not the case.
Do ask me further - In case your Mediation fails will share the nextsteps----
- Any Dos & Donts during mediation?
