Mediation during divorce procedure

Wrong method.  Attend the conciliation proceedings and clearly say there that you are not interested in conciliation proceedings for the reasons best known to you.  Have you ever thought that once you filed RCR, in which invariably you might have alleged her atrocious activities but intended to resume cohabitation, which means you have condoned her cruelty and immediately thereafter you file divorce on the grounds of cruelty.  How you can succed on the ground of cruelty, which you condoned?

adv.Chandrasekhar,

During RCR never alleged wife's atrocities. In fact in one of her mails she wanted seperate home and my parents should not come to that home which I agreed. But she  took a U turn saying that I should live with her in her house, in the presence of mediator. She did not cooperate for a seperate home. She has not joined me from november 2009 till date (almost 4 years). She asked for divorce in the RCR process and demanded 25 lakhs. She earns handsome salary nearly 20 to 25 lakhs per annum and has her own home. my salary is just 3 lakhs per annum. at any rate mediation during divorce process is a farce since she does not wish to join me and hence I avoid mediation during divorce procedure.

Yes. I appreciate that in your case, the ground is not cruelty but desertion for more than 2 years without having any reasonable ground.  If you can prove that her insistence of your staying with in-laws (ghar-jamai), which is not acceptable for many indian boys and well appreciated by the courts for granting divorce, then you have fair opportunity.  But indian courts strongly rooted in indian so-called culture have got statutory liability to hold mediations to protect the institution of marriage at the first instance.  so, there is mediation process.  your giving wrong telephone number may allow the mediation cell and the courts to interpret your attitutde in negative way. To dispel such an impression, i again advise you to attend the conciliation proceedings and clearly say what you want to say and also say there is no possibility of restituion or payment of huge compensation and also tell that mediation efforts failed even in RCR.  Once you show your disinclination, the matter will end in a single date or at the most in two dates.  But go once and correct your telephone no. there.

Dude,,,,

Your case is very much positive.

1. You would have continued with that RCR as benefit was your's, she would have not joined you and you would have filed interim maintenance case as a try on her........(she is earning 25 lakh's and you yourself only 3 lakh's,so a good arguement on interim maintenance could be held as onother spouse need to be mainained the same life style of the other after marriage,hence you could have fight for this where her salary is 8 times more than you).

2. From now also you can do with the pendancy of your divorce case on her.

3. There is no boundation to oneself that if he had filed RCR then next moment he can't file divorce after withdrawing the RCR. See, if a person is so much aggrieved and he has the recent cause along with already stated past cruelities by her then he is much in the divorce case. The all you have to make a good ground with proper strategie.

4. In my opinion just drag the divorce case after filing interim maintenance case U/s 24 HMA and let her come to talk to you.

5. In your particular case you have nothing to loose but all thing's are on positive side,just collect her very promonient proof of earning those 24-25 lakh's P.A. Rest all your advocate will do if you guide him with your extensive knowledge collected by reading all about women law's and HMA.

6. A sinecre advice to you, alway's depend on yourself never share your planning or any strategie unless you are there along with your lawyer., bcz these lawyer's are such a cheap parasites who will be attached like straw to your hard earned money & blood by joining other parties.

best of luck.