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ritusharma (Head Marketing )     28 April 2013

Respondent threatening the mediator

 divorce n DV Notice was sent to the respondent (husband), however, they have not appeared once, now my case is in the mediation.

 Husband has filed RCR, it is the process of transfer to my city.  They did not appear in the Supreme Court. in the first 2 dates., because they are not receiving the notices. 

Inter-state case…

  The Mediator phoned the boy once, asking whether he will come for the mediation or not....  on phone the husband and his sister threatened the Mediator, if u send any other notice or phoned again they will file a complaint in BAR COUNCIL against the Mediator.... And the mediator  wrote “Mediation failed". He did not mention that he is being threatened by the respondent....

My question is: Should mediator mentioned on the report that he was being threatened?  As he said that in the report it’s not required...

 

2) Is the Mediator is scared of their threatening...?

 

3) Pls tell me what action we should take or what i should do as my mediation is failed and the respondent is not coming to the court, neither in Supreme court nor in the city court,.

 

4) Or what could be their (respondents)  intentions....

 

 

 



Learning

 2 Replies

Tajobsindia (Senior Partner )     28 April 2013

1.    Actually why you are so much bothered about what happened in mediation? Family Law related Mediation outcomes are mostly “Such and such Statements of parties recorded, file sent to Court for consent DecreeorFailed, dates given to parties to appear before respective Court

2.    You have filed DV as well as Divorce signaling end of matrimony so you should proceed with respective case strengths along with preparing W/S on his RCR (transfer to your Jurisdiction). Had you filed RCR then it could have been inference that husband is habbit of committing wrongs – is abusive and like you say in your repsective case matters you are abala (means were always wronged) but that is not the case by your own material admissions (DV + Divorce filing)!

3. His intention from the face of it is that, he says, he believes in matrimony inspite of your two and half case filing and want you to rejoin him closing these two cases instead of spending money on SC TP(C) or servicing the other two cases PERIOD.

Anjuru Chandra Sekhar (Advocate )     28 April 2013

Divorce in one court and RCR in another court is not maintainable.  There are judgments to that effect.  They will be clubbed and heard together by same court.  Please inform in both courts about it and pray the court to transfer RCR case to your court.  Only thing you can do is to wait and spend time waiting.  YOu require patience for it.  Be clear about what you want, whether you want to quit relationship with him or still longing to reunite.  Be decisive whatever way you want to go.  I do not think, having come this far, your marriage will sustain.  So please remove any thoughts of reunion and fight the cases.  If any other reliefs like maintenance or permanent alimony are there pursue them in the same OP.  Do not file 498A with a motive to get settlement in your favor.  Take the civil remedies available under law like a good and socially responsible human being.


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