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RL (Engineer)     21 March 2016

Query on divorce cases settling in mediation

Hi,

I have below questions. After long struggle my 2 divorce cases(1 filed by my wife and counter case by me) are almost settling through mediation. I have few question to clarify myself before I sign on settlement paper. Please reply in-line to each question if possible.

1. Once if the divorce cases (filed by my wife and myself) settle in mediation, how the final decree will look like? Is it like both parties agree on each others allegations in their respective petition and still settled through mediation?. As her allegations in her petition are totally absurd and nothing is true, am bit worried and I dont want to look like guilty in my divorce papers(sorry am not sure how my final papers will be). So what will be the content of final papers? Will it have contents from both petitions(mainly allegations)  +  settlement matters like alimony/child custody?

2. Mediator is planning to settle the matter and draft settlement based on her case and close my divorce petition by linking to it through memo. is it the right procedure? will it affect me through any way as her petition is full of false allegations. 

3. There has been a police complaint (no FIR was filed) lodged against each other (2 yrs before filing divorce petition) in 2 different police stations. I'm not sure about its current status. Should this need to be mentioned in MOU that we are withdrawing both our complaints. Police Complaint filed against me(and my family) was very similar to 498a related by adding false allegations like dowry,harassment etc. Matter was dealt at that time through some means and I never got call from police station after that. so should I need to worry about this now and I need to close this officially despite those complaint being 2+ years old now.?

 

PS: My lawyer is really good/professional and he would definitely help me with these questions. But I just need to get this forum(experts) opinion as well to have clear understanding. 

Kindly reply.

Thanks in Advance.

 

 

 

 



Learning

 2 Replies

dr g balakrishnan (advocate/counsel supreme court)     21 March 2016

1. Nothing would be shown just every case is withdrawn by both signatories.

2. No reflexions on  each other.

3. All cases withdrawn and nothing shd affect both.our

But mediation could be contested later in civil/criminal/family/high court at a later date if some differences arise between both of you. 

tks n regds.

Vijay Raj Mahajan (Advocate)     21 March 2016

Settlement between the parties is reduced in to a MOU or agreement that is signed by parties, their counsels and the mediator. Each and every issue including filling of Police Complaint, pending cases both criminal and civil in various courts or before any other authorities between both parties are mentioned, the withdrawal of are charges made against each other are to be mentioned in the MOU, the settlement of financial aspects, permanent alimony and maintenance along with maintenance for minor children if any has to be mentioned along with mode of payment, the issue of child guardianship, custody and visitation is also mentioned in the MOU. The non-filling of any future complaint/cases against each other and against the parents and other relatives of each other is also mentioned. There will be end of all litigation pending in courts before a fresh joint petition for divorce by mutual consent to be filled by both parties that will ultimately bring end to their marriage through decree of divorce that is issued by the family court. No mention of the charges made in past against each other mentioned in the final judgment/order of divorce passed by the family court.


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