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rajiv_lodha (zz)     13 March 2012

Mediation- cell

Husband filed divorce petition. Wife filed Transfer application in HC. HC is at far away place, husband wants mediation there if offered. If both advocates agree for that,

Is it mandatory for hubby & wife to appear in HC to give consent for mediation

OR

If both advoctes agree, it will be granted without physical appearence of parties to give consent?

Parties want mediation but do not want to vsit HC for merely signing the consent paper



Learning

 6 Replies

cm jain sir (ccc)     13 March 2012

@Rajiv

1) so much beleif on advocate is not good. Its a crucial point if one want to settle the complete issues in terms of finance or without it. Its better to present there otherwise it will affect your cases and finance also. If the opposite party is adamant then you should have refused the mediation.

2)If both the parties already agreed mutually then just inform the mediator and send him the signed settement deed to him for presenting it to the court.

Shantanu Wavhal (Worker)     13 March 2012

in such situation mediation can not be preyed for at HC.

HC will decide TP.

if both the parties want mediation, it will be conducted at the court where divorce case is being tried.

 

pl correct me if my version is wrong.

rajiv_lodha (zz)     14 March 2012

@ CM Jain sir!

I do understand the gravity, perhaps I cud not make the point clear enough to sail throu............again trying:

Hubby wants to attend teh mediation, backdoor info is that girl too has no objection going to mediation cell. All hubby wants is ----- He may not attend HC on coming date where mediation has to be seeked. He wants that both advocates agree to mediation cell & case goes there (med cell). Then hubby+wife will appear med cell on alloted date. All he wants to exempt himself from that court hearing which seeks mediation.

So is it possible that one advocate askes mediation verbly & the other agrees infront of the judge? Is it mandatory for the parties to sign for such proceeding or the advocates yes is enough?

@ Amit, u r wrong here. Most of the times such TA comes infront of HC judge, he takes mediation himself.............also sends the case to mediation cell if both parties agree.

In fact, girl side + judge insisted hubby to compromise even pressurised to move to mediation cell throu past 3 months, but hubby did not agree. Now something has changed n he has now no objection to attend it

Shantanu Wavhal (Worker)     14 March 2012

@ rajiv ,

thanx for correcting me. 

cm jain sir (ccc)     14 March 2012

 

Is it possible that one advocate askes mediation verbly & the other agrees infront of the judge? Is it mandatory for the parties to sign for such proceeding or the advocates yes is enough?


Advocate acceptance for mediation is sufficient and no need of personal appearance for petitioner as well as respondent for accepatance of mediation on transfer petition.

rajiv_lodha (zz)     14 March 2012

Thanx a lot sir! Now the query stands resolved. Carry home message I got is -- there is no need for the parties to be present in person infront of the judge to sign for moving into mediation cell if the advocates give consent via POA for the same.

Anybody differ?


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