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amol sharma (Group Manager)     16 February 2012

Mediation

Kindly let me know if the settlement of the mediation cell is a valid documents.

Marriage happend in Jan'2008

Came to know wife suffering of BPD  in march'2008 due to taking medicine.

Tried to ask her but no answer ,also taken up the matter with myinlaws but no response from them.

My father fill ill in april'2008 as he was suffering from parkinson. He passed away in aug'2008 in Lucknow.

I came to delhi on 22nd Aug'2008 .Leaving my wife in Lucknow as my mother was alone and she had to return on 30th Aug'2008 .But she had an attack of BPD in 25th Aug'2008 and on 26th her father came and took her to aligarh to get her diagnosed where her medical treatment was going on .We had also got the checkup done by Dr.S.Singhal whose prescripttion was taken up by her father.

We tried asking them the details twice in Jan'2009 and Jan'2010 but not getting any answer we send the legal notice thru our advocate in feb'2010 in retaliation they filed 498a,406 and 125 crpc in Aligarh .All were complaint case .I filed divorce after this in New Delhi

Case were transfred to mediation cell at aligarh district Court .After several round of mediation we aggred for the same in Aug'2010 thru payment of money.Terms were of withdrawing of all the three cases and mutual divorce.But till date they haven't given the divorce.

I had then filed the divorce on 31st Oct'2011 in aligarh court on grounds of cruelty. In reply to my petition the Ws given is that we had to pay clothes and jewelery .But there was no such aggrement. between us.

Kindly advice what should be my next steps .Are there no laws to deal with such types of greedy people.

Note: Settlement letter was made and signed by lawyers from both the sides including the mediators and both the parties. Mediation took place at Aligarh Mediation cell of Aligarh District Court

rgds



Learning

 5 Replies

Sanjeev (Lawyer)     16 February 2012

what happened to the cases were they Quashed and were the mediation terms written in the quash order by the CJM concerned. If yes was the fact of divorce to be taken mentioned in quash order.

amol sharma (Group Manager)     17 February 2012

yes mediation terms were written before quashing the cases . No its wasn't mentioned in the quash but in the settlement made at the mediation centre ,aligarh court it was mentioned that we could take take divorce by mutual consent. 

Sanjeev (Lawyer)     17 February 2012

I have come accross a similar issue have filed a revision before the court that the other party did not comply with the mediation settlement it came up for hearing once where the judge asked the other side to submit their replies but would know once it comes up for hearing.


(Guest)

@amol

Did you withdraw the divorce petition when it was agreed for Mutual divorce ? Why did u again file for divorce in Oct'2011 ?

Did u try filing DP3/Tax evasion petition etc on your father in law. Also file some petty case or else they won't listen to you.

 

 

amol sharma (Group Manager)     17 February 2012

Divorce petition was filed in March'2010 (Delhi) .Settlement was made in Aug'2010 for mutual divorce .as they were not accepting the settlement terms .my lawyer suggested to file for divorce in Oct'2011.

I had filed Tax evasion petition but no response . 

What other cases could i file taking into consideration the agreement  reached at Mediation centre of aligarh district court thats my query  .


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