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Determined to get justice (Manager)     15 May 2013

Mediation/compensation claim

Husband's bail application under false 498A/406 case is pending at High Court and case has been referred to Mediation Centre. Simultaneously, wife has filed case in Mahila Court (Under Section 12, 18 , 19, 20, 21, 22) claiming protection order, residence order, monetary relief (maintainence) and compensation for mental trauma/harassment etc. Please note that at time of discord, husband and wife were staying together at wife's govt allocated accomodation and husband was evicted by wife from her flat and she continues to reside there with their 2 year child and her parents..

1) If dispute is under court mediation, can the case in lower court continue in parallel or can we ask for stay on those proceedings till there is an outcome of the mediation process? Will lower court grant some interim relief (maintainence/residence) to wife? Wife continues to work in her govt job and is earning well.

2) We had been advised that we have to submit a written response to her allegations in lower court. Do we need to submit a detailed response at this stage or we can give short response, since ,matter is pending in mediation?

3) If interim maintainence can be granted, what would be basis for the amount? Will it be for both wife and child? Will it be some % of husband salary? Wife has stated exhorbitant salary for the husband (which is false). How to counter this false claim? can we ask for more time?

Thanks

 

 



Learning

 1 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     15 May 2013

Dear,

 

You have to file written Statement. But as per my opinion leave everything and go back to your child. Child will suffer in ego clash of parents. Sit down in mediation and talk about amicable settlement. why to break up. 

Answer to queries:-

Written Statement, file application for stay of proceedings which may be dismissmed and you will linger on till the outcome of high court mediation. 

Interim maintenance can be granted to child not to wife as she is working and residing in her govt. accomodation 

 

Rajiv Bhasin 

Advocate

bhasin.laws@yahoo.com

9811210505


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