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498_final stage (Professional)     02 December 2012

What happen in court mediation of 498a in ghaziabad

Hi,

I have first court mediation tomorrow in Ghaziabad regarding the false 498a case filed by my legal wife and mother in law. I just want to know what happens in the court mediation?



Learning

 19 Replies

surjit singh (Assistant)     02 December 2012

In the mediation both the parties will be call to settle the matter amicabily without going further. But you re not bound to settle the matter. It all depends upon you, whether you want to carry on with the trial or settle the matter amicably.

498_final stage (Professional)     02 December 2012

Would that be in front of the Judge? or the lawyers would talk to each other?

Sanjeev (Lawyer)     02 December 2012

It is in a mediation centre where one or two mediators are appointed they are lawyers offcourse but should be acting neutral. They just suggest three options after talking to both the parties seperately :

1. to reunite-  if possibility exists

2. to seperate and pay alimony--by agreeing then and there. If this is achieved then your case would be quashed.

3. if you dont arrive at any solution then mediation fails and the fail report is submitted to court then the trial will begin.

 

Be open in the mediation as if you achieve a reasnable settlement its good to end the dispute instead of spending your precious years of life in litigation though it shouldbe reasonable.

Dont be in anger first listen and ask time to think so that mediation dont end in first session if you say no to everything. As your final bail application will be heard if mediation fails.

Sanjeev (Lawyer)     02 December 2012

It is in a mediation centre where one or two mediators are appointed they are lawyers offcourse but should be acting neutral. They just suggest three options after talking to both the parties seperately :

1. to reunite-  if possibility exists

2. to seperate and pay alimony--by agreeing then and there. If this is achieved then your case would be quashed.

3. if you dont arrive at any solution then mediation fails and the fail report is submitted to court then the trial will begin.

 

Be open in the mediation as if you achieve a reasnable settlement its good to end the dispute instead of spending your precious years of life in litigation though it shouldbe reasonable.

Dont be in anger first listen and ask time to think so that mediation dont end in first session if you say no to everything. As your final bail application will be heard if mediation fails.

surjit singh (Assistant)     02 December 2012

I think Samjeev has replied your question.

498_final stage (Professional)     02 December 2012

Thanks a lot for the reply Sandeep. Reunion is not possible - here is the example of kind of woman I was suffering from, see this video (https://www.youtube.com/watch?v=Ip9Jx87JDxI) I have similar audio recording of her. Ofcourse this idiot lady in the video is not my wife but I had similar situation.

Even then we would like to settle the case as such frauds dont deserve our precious time. 

However the lady has already threatened us to harrass even more. 

Sanjeev (Lawyer)     09 December 2012

How the mediation went?


(Guest)
Originally posted by : Sanjeev
 
Dont be in anger first listen and ask time to think so that mediation dont end in first session if you say no to everything. As your final bail application will be heard if mediation fails.
 

 Is "Final Bail" and "Regular Bail" different?

498_final stage (Professional)     09 December 2012

Hi All,

The mediation didnt start that day since some clerk who had to receive the papers from the police was absent. Thanks for the advice Sanjeev, I am certainly very patient thats why I am not trapped in a murder case. However that woman certainly deserve to be tortured to death. 

I would keep your points in mind. If I understand you correctly, if mediation fail then I would be in Jail?? Is that so???

My father had a heart attack recently and he is in ICU because of this b*st*rd woman and her mother. 

Sanjeev (Lawyer)     09 December 2012

No you would not be in Jail - these days arrests are minimum in Ghaziabad (UP) before this interim  bail concept was not there that time there was no chance of bail and bail was granted post arrest by Sessions court so arrest was unavoidable.

Final bail is granted these days.

Appoint a good lawyer for final bail though it might get resolved in mediation.

 

@ Devendera- it is different in UP its specific to this state.

1 Like

(Guest)
 
 
though it might get resolved in mediation.
 
 

 Does every 498a has mediation in trial court?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 December 2012

Does every 498a has a mediation?

 

YES, though depending upon the state you may be required to go to a mediation center prior or post filing of 498a. Or sometimes Judges themselves try to intervene and end the feud.

 

However, in some states like Bihar and Jharkhand, the police arrests the accused on first opportunity and mediation/ reconciliation is a process which is very belated.

 

 

 

Regards,

 

Shonee Kapoor

2 Like

498_final stage (Professional)     01 January 2013

False498a case is in court mediation currently. Saw a police constable today who came up with a paper saying that I am required to be present for police mediation on 28th January 2013. 

Can girl ask for police mediation anytime???

ramamani (practice)     25 May 2013

Hi ,

In a D.V. case of mine, case was referred to mediation centre ghaziabad just after the filing of the case before the magistrate. Before the mediator, the respondent appeared once and and on latter dates only  his counsels appeared and no settlement was reached and the mediator filed a failure report without the proceedings.  Now should fresh summons be issued from the court  to the respondents? Since the respondents are in  knowledge of the case filed, is there any need to issue fresh summons again to the respondents.

 

Please kindly reply anyone

Ramamani


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