Hi Experts,
Just to update you I had applied for RCR and in the RCR mediation my wife agreed for MCD. The mediator has asked us to file the petition under 13-B of HMA 1955 and asked my wife and me to come and complete the MOU tomorrow.
Mediator asked one of the advocate to draft the 13-B petition and I proactively told that my lawyer will draft the petition and will be sent to my wife's Lawyer 4 days prior to D-Day. Now her lawyer is playing tricks picking no calls and not letting us know what is what.
Now on Friday the mediators have asked us to complete the MOU.
My advocate has suggested that we will apply for Mediation MOU plus the 13-B petition and request judge to get the waive of cooling period 6 months. Is that practically works the case is based out of Family court Bangalore
Now my questions:
1. I am quite sure that my wife and wife's lawyer will play trick again to close this RCR case stating that MCD with financiali settlement. In case MOU signed if wife doesn't turn up for MCD, Will this be beneficial for me to apply for contested divorce?
2. I know after signing she will delay things, If she delays things and following every one round there, Can I file the contested divorce or during the MOU signing shall I ask that my wife should complete the first motion and second motion jointly without delaying.
3. In my 13-B petition I have indicated that I have applied for RCR and MOU is enclosed.
4. In my 13-B petition I have indicated that I will be making a post dated cheque at the time of first motion evidence . The date will be decided based on second motion date, I am planning to give the date as Second motion hearing date + 7 days, presuming if my wife dont turn up I can instruct my bank for stop payment and inform Judge citing above reason. Is this a right strategy?
5. Could you please let me know what should be there in MOU prepared by mediator on Friday? If I am not happy can I ask mediator to modify?
6.Has the mediator has right to draft the MOU or this has to be done by lawyers?
7. The Judge has given my wife next week last date to submit the Objections for RCR case. In case MOU is not amicable agreeable do I have a right to reject the offer, if I reject what would the report go to court. Is it only says mediation failed or mediation failed plus why I rejected the offer?
