no harm in going for mediation
2) it has to be filed in trail court
3) if wife is not agreeable for settlement dont apply for mediation
4) better file for divorce on grounds of mental cruelty
Regarding mediation against 498a
My lawyer is suggesting to go for mediation against 498a for getting relief and getting divorce. I have some following queries; 1.Is it the right way for getting divorce or shall i contest the 498a. 2. Can i directly file mediation in high court or i have to file first in lower court. 3.Does mediation takes a longer time for completion in high court. 3. Is there is any other way for getting divorce, as my wife is not agreeing for mutual divorce or neither agreeing for settlement out of the court. I am facing 498a since 6 yrs...
Asked 6 years ago in Family Law
Religion: Hindu
19 Answers
1. See if settlement happens it is fast and easy way contesting case may take lot of time.
2. You can first go in mediation before the lower court.
3. See if parties are interested then mediation go on for 2-3 hearing otherwise in case parties deny then matter is referred back to court.
4. You have to file contested divorce on ground of cruelty against wife.
1. In mediation the office does not have power of any binding effect. It can only facilitate conciliation and settlement can happen only of parties mutually agree.
2. There is no option to do this unless both parties agree for mediation . On request of one party mediation can not happen.
3. File a divorce suit of your wife is not ready fr mutual divorce.
Pendency of 498A case for 6 long years is unusual. There is scope for speedy trial of it through high court.
Can i appeal to high court if mediation is not done in lower court
Asked 6 years ago
There is no way preference of appeal can lie in high court even if mediation is rejected by lower court.
trial court would on application signed by both parties refer case for mediation
objective is to help parties in resolving disputes
no need to file appeal in HC
Hi,
For mediation, you just have to mention the same intention before lower court and you will be referred to mediation. Try your best but if not agreed by your wife, I would suggest to contest and win the case.
Contest the 498a case.
File divorce on ground of cruelty.
If you don't want to pay maintenance file RCR first. If RCR order is complied with then it will be a ground for divorce.
Mediation dose not effect any case, it`s just a process of amicable solution of dispute but don`t agree of any imputation.
File session court,
NO,
Contested divorce will take time.
Mediation never deny by courts and for unsuccessful mediation, no appeal lies.
Yes you can approach high.court mediation centre.
Mediation and reconciliation is an inevitable process in the diverse process.
By this process court tries to find out the reconciliation in the matrimonial dispute so that the decision can be taken by the court as soon as the divorce petition is decided at the same time 498 is also be withdrawn by the petitioner.
It is not very time taking exercise but both the parties has to come to the mediation centre with their lawyers and try to find out any amicable solution
1. If you want to live with her then go ahead and contest otherwise doing mediation and then separating is the best way.
2. In lower court
3. No
4. If she is not agreeing for settlement then in that case mediation will not take place
There is no appeal in cases of the mediation.
Mediation can only take place when both the parties agree to the same thing.
Regards
there is no appeal for mediation.
1 you can file divorce as well as Contest the same
2. Lower court first.
3. Yes it may take time
4. Only way will be contested divorce
1. If your wife is not compromising on the 498a case then you may better contest it and keep the divorce case on hold or face it accordingly.
2. You can apply for mediation only n the court where the case is pending.
3. Then yo have no option than to file a contested divorce case if she is not agreeing for divorce.
No, the lower court will certainly refer to mediation if you file a petition to that effect.
Yes it is right way for getting divorce if your wife agrees for mediation.
You need to make application in lower court for mediation.
The other way is that you need for file divorce case against your wife. It will take longer time to reach any conclusion.
1. to 3. First of all you can not file a case for mediation.. If any of you file divorce suit, the Court will order for mediation which both of you shall have to attend.. For getting divorce one shall have to file divorce suit on appropriate ground like cruelty.
4. File divorce suit on the ground of c ruelty by submitting evidence in support of your allegation.
5. Contest the 498A case fittingly and if her complaint lodged u/s498A of IPC is proved top be false, it can be considered as an evidence of cruelty on you to seek decree of divorce from the Court.
If any of you file divorce suit, be sure that mediation will be ordered by the Court.