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dhirendra pateria (law officer)     20 July 2012

Divorce

divorce order passed by family court  on the basis of mediation at highcourt .Can the same be challenged in appeal at highcourt.



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 10 Replies

Tajobsindia (Senior Partner )     20 July 2012

Relax.

1.
Mostly rare NO.  [I'm leaving .05% scope as I have not come across such Appeals] Seek decree sheet from FC.
2. No Appeal lies against the Mediation Order decree once signed with wide open eyes by parties unless she now shows like one of our popular time pass female member here shouts that a HC mediator put knife on her head till mid night to get her signed consent but that popular member here could not do till date anything about her time pass womanly pangs she speaks now and then.

So Relax.

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dhirendra pateria (law officer)     20 July 2012

sir so no need for me to file caviat in highcourt

Tajobsindia (Senior Partner )     20 July 2012

1. Caveat you can always file. I don't see any harm (hard/fast Rule). It is just a extra piece of mind youa re indulging your litigative mind into which to me is quite natural that informed litigants indulge into :-) .
2. Well there are fixed template format availabel at petition writer pools at HC which you can also file it by yourself just to save on last mile advocates fees once divorce is done with.. Just take the Diary no. and spent the money saved on Caveat filing on a tour to charge your discharged batteries if you are one of the party here :-)

[Waise how many years it took to get your FREEDOM? Just making some backend stats on national average thus asked and no need to answer if not in mood :-)]

dhirendra pateria (law officer)     20 July 2012

sir in the mediation centre she has agreed for divorce and the agreement has been signed, but in the family court she has submitted an appication that she wants her shridhan though the word stridhan has not been mentioned only full and final settlement and maintence etc is reflecting in the agreement her section 27 application was rejected by the family court concluding the settlement as full and fnal and also raising the question why the same issue has not been raised before the mediation centre on 9/7/2012 and thereafter fixing the date 18/07/2012 for orders as per settlement agreemnt and then on 19 the order dissolving the marriage has been passed. the full amount of 15 lakh has been handed over to her at allahabad mediation centre only.

1-i have filled the cavied against the order dismissing her application under section 27

2-now since no appleal lies against the concented decree , guide shall i file the cavied against the divorce order or not 

seniors please guide

dhirendra pateria (law officer)     20 July 2012

two years ( but i have waited for 6 years for my wife to come back )

Tajobsindia (Senior Partner )     20 July 2012

1. For her too late. Reason being her S. 27 HMA already dismissed.
2. After its dismissal I suppose the HC mediation agreement was with wide open eyes agrred / signed and payment received too.
3. At FC when decree was being made full and final payment was also recorded and i suppose she signed that also with wide open eyes.
4. ALD HC as well as ALD FC are more professional in these matters is my respectful views compared to others I have experienced.
5. But still Caveat you may file for notice servcie protection against decree.
 

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dhirendra pateria (law officer)     20 July 2012

she has not signed the order /judgement at family court and was absent or order day does it makes difference

Tajobsindia (Senior Partner )     20 July 2012

Order is signed by presiding Judge of FC and not by parties.

dhirendra pateria (law officer)     20 July 2012

she has not noted on order sheet

Tajobsindia (Senior Partner )     20 July 2012

1. Even if presiding Judge has not noted on order sheet but she must have noted ref. of Mediation Agreement which becomes binding upon parties now.


Small wordings makes lots of difference so relax till you get Notice of Appeal and moreover we don’t know verbatim of mediation agreement / S. 27 further read with final Order and decree thereto so let us not carry forward with some gamma particles in judicial wisdom vacuum.

Bro. it was only yesterday when Decree was prepared you have 30 days to hear a whisper if any so pass positive vibes till then and daily pray to Lord Hanuman.

[Also this is my last reply on this thread post. Let others share their wisdom. I somehow exceeded my bandwiddth OOPS.] 

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