Exemption for appearance in mediation (dv) ?

DV case is quasi criminal case, there are many things which can go wrong, especially under Sec 23 of the Act.  Court has discretionary power to do almost anything and you will be left hapless, without being able to do anything but just be mute spectator.  If wife is asking for divorce, better give it, it’s a wonderful opportunity that she has given to you.  Don’t think too much about money now.  There are chances that you may be deported via non-bailable warrant + to co-accused, arrested and produced before magistrate.  Your lawyer should appear or you should appear or you should be ready to face consequences.  Don’t take DV case lightly.

 

My advice to you is, better come down, finish off the matter of mediation, discuss the rate for freedom, draft MCD petition, sign it, file it and go, come back again after 6 months for second motion, take divorce and be a  happy man.

How much amout to be decided for MCD?

Your lawyer can very well represent you in mediation.

Fail of mediation due to any reason will not affect your case as mediator will only write " Not fit for mediation" and if mediation succeed then all terms and condition agreed by both of you.

 

So Don't worry!!

 

https://delhimediationcentre.gov.in/MediationConciliation.htm

 

Rule 12 :  Representation of parties.

The parties shall ordinarily be present personally or through constituted attorney at the sessions or meetings notified by the mediator/conciliator.    However, they may be represented by the counsel with permission of the mediator/conciliator in such sessions or meetings.

To "Helping Hand",
  Please explain your concern : "deported via non-bailable warrant + to co-accused, arrested and produced before magistrate".
   - Deported from which country ? USA ?
   - co-accused arrested - you mean my mother (who is co-accused), I think court did not ask her appearance or anything, as my mother had no domestic relation. And arrest in DV ? Are you sure it's DV not 498a.
 Please explain the cause of fear - do me some help, otherwise saying these is no helping sir it's very intimidating. If there is cause of fear, I want to discuss and know.

To autohide4u:

Thank you for the valuable information. Isn't CrPC 205 applies to court case, does it apply in mediation ? I think mediation is a informal setting. But at the end mediator sends a report to judge, does he mention anything like one party didn't come etc. and the judge reads that, though officially its confidential I know.

To Sachin,
Thaks for the information and link, I was looking for this official link/rules.

I donot know if amount is relevant, let's just say her ask is 3 times my offer

About that mediation rule posted by  Sachin,

The term says "constituted attorney". Interestingly, the word "attorney" not necessarily means lawyer, at least not by UK interpretation (it means lawyer in USA I think). India follows UK law blindly. In U.K. law the word means anyone appointed to act for someone else. So I guess the mediators *CAN* insist for presence of family members and discourage lawyers the thing being family matters.

So first preference is family members, 2nd preference cousnel. Then I have to press for counsel. Let me know if my understanding is right.

Originally posted by : Dinesh
	So first preference is family members, 2nd preference cousnel. Then I have to press for counsel. Let me know if my understanding is right.

 

You don't have to press any one it is your right. 

When your lawyer will sit in mediation talk, mediation process will start.

If opposite party insisit for your presence, your lawyer may refuse. and if she say that she will only talk to you mediation will over and mediator will return the case to trial court with the remark " NOT FIT FOR MEDIATION"

You was right that mediation is nothing more than informal talk.

What is your lawyer saying about mediation and presence of party in person?  In mediation, it is preferable parties should appear in person so that mutual agreement can be arrived at to obviate prolonged litigation.  But if you are not in a position to come in from abroad, your advocate may say the same thing to the mediator and mediator may allow your counsel or send back the file to the court reporting the faillure of mediation.  That won't make any adverse effect on the merits of the case and case will be decided by the judge on merits and your absence in mediation is of no consequence.

Dinner dontworry nothing happen in dv case.me also I am in Dubai I faced same situation.but do ensure that ur lawyer will be attended in every hearing . Dontworry nothing happens.many judgement are there regarding personal appearance in dvc case.council representative is enough.in dvc case,loc extraction is not possible.even 498a case ,extration is not possible .Interpol is not interesting in 498a case from India.dont worry be Happy brother

Originally posted by : Dinesh
	To "Helping Hand",   Please explain your concern : "deported via non-bailable warrant + to co-accused, arrested and produced before magistrate".    - Deported from which country ? USA ?    - co-accused arrested - you mean my mother (who is co-accused), I think court did not ask her appearance or anything, as my mother had no domestic relation. And arrest in DV ? Are you sure it's DV not 498a.  Please explain the cause of fear - do me some help, otherwise saying these is no helping sir it's very intimidating. If there is cause of fear, I want to discuss and know.

 

Online forums are quick in quick out solutions.  I am not your counsel to explain in detail the consequences of you not attending mediation or court dates in a DV case.  Nor have you hired me.  I have already explained what needed to be in my previous reply above.  Go through it again.  Each Advocate has a way of dealing a case, I have explained what worse could happen and I cannot comment on people who simply comment without having any legal knowledge.  What I suggest is you always take opinion by hiring services of advocate and follow what he says.  And don’t try to cross verify his knowledge by asking stupidly on some online forum like this.  Go back to your advocate and argue, he sure will not agree with what half knowledge you have gained from various replies given in this forum or some other.  All the best.

Thanks to all other responders for their valuable answers and time.

TO "Helping Hand" - You have named your profile "Helping Hand", I understand you are not providing free legal help, but all you are doing is spreading hollow fear ! I actually did not ask you to answer my original question about mediation,  I was just curious if you could explain the fear and panic you were trying to instigae by the statements you made. The remaining questions (about mediation) were not for you. In fact your point was not relevant to the topic of thread (mediation appearance) at all. It is your personal biased opinion about DV.

I think the best help you can offer to people in the forum is refraining yourself from "helping", and not try to scare people or instill your own ideas that one should be intimidated.

I am not a lawyer and my knowledge is of course half-knowledge, I am trying to learn what is relevant to my case. I have my counsel, and I have no doubt about him, but he is also not my law teacher. I come to this forum with various queries trying to understand various aspects. Is there any harm trying to learn the law ? Asking question is the essential part of learning. As someone who is fighting such cases, I can say talking to wide variety of people, both victims, lawyers, and the heroes has immensely helped me, and in turn I try t help men in such situations. That does not mean my own lawyer has any shortcoming.

I humbly request you to refrain from giving such blatantly intimidating blanket statement to others. I dont mind myself, but I know not all men are not as stolid as me to remain unaffected by such intimidation, and I can imagine how much harm such opinions can do to a man's confidence who is already distressed.