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Rajat Kumar (System Analyst)     01 June 2015

If wife violate the mediation center conditions

As per the high court guidance a mutual divorce filed on 13(B)Hindu marriage and conditions made with the help of mediation centre and family court accept.Husband fulfill all the condition within 6 months but as per condition wife didn't withdraw all the cases after 8months also as councelling also filed. Divorce is waiting to finalize withdrawal of domestic violence and 498A.

What the are the law available to punish wife as she violating law and mediation center conditions.Please reply. 



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 5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     02 June 2015

Has she agreed to withdraw all the cases at the time of mediation?Was it oral or written?

Advocate Lovkesh Gupta (Divorce Court marriage criminal civil lawyer in jalandhar)     02 June 2015

firstly move application to the court 

ANAMIKA VICHARE (LAWYER)     02 June 2015

Under such situation, you better file Writ Petition for Quashing in High Court to save time n get rid of everything

 

Rajat Kumar (System Analyst)     04 June 2015

Everything they wrote infront of mediationcenter and Condition is in family court .About writ petition  we filed that but they don't cooperate and try to violate that. So I withdraw that case.As per condition now family cort forced her to withdraw the case.

is their any possibilty to file case against her and her father,mother as they donot have shame on her face.As i gave her illegal act video CD,photo to court .after that also they are trying to violate the condition.Why I am asking file a case agaianst  her father because  "Bap ki namepey kalanka" and "lawer ki name pey chor/dalal" hai .He is doing business only.

T. Kalaiselvan, Advocate (Advocate)     19 June 2015

If she is reluctant to withdraw the pending  criminal cases you have options to file a quash petition before high court or to challenge the same appropriately in the trial courts.  You may even withdraw the pending mutual consent divorce case and file a fresh divorce case in the grounds of cruelty quoting this as the grounds for cruelty in addition to other acts of cruelty. 


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