You should comply with court orders
attend mediation proceedings
if mediation fails then court would pass orders on merits
Mediation referred while application of 482 CrPC was filed
A lady claiming to be my wife filed 498a against me in Bangalore. She also filed a DV act case against me with the same allegation of marriage and cruelty but was dismissed holding that marital relationship is not proven and the same has attained finality and not challenged. Hence I filed a 482 quash case in HC to quash but the judge referred it to mediation without even referring to the material supplied by me or arguments of the learned counsel. My question is whether HC can refer to mediation in the 482 quash petition. even though we objected to that as the complainant is not my wife. Please advise if I need to attend or not attend. please advise.
Asked 4 years ago in Family Law
Religion: Hindu
16 Answers
When marital relationship is denied there is no question of mediation. The order of High Court is wrong and not sustainable. File an appeal in Supreme Court. it can be filed from anywhere as only virtual filing is going on in Supreme Court. You will get favorable order in Supreme Court .
Hi, Better you can attend the mediation and the mediation may be failed but you be there in the mediation.
Dear Sir,
To be frank to get some breathing time the Hon’ble Courts referring new cases to mediation. You need not attend mediation and it will be referred back by that time the said single judge may be moved to another bench thus your advocate can advance arguments and get a stay or set aside order.
It was illegal to send it to mediation as both parties were not willing to go for meditation. Eventually the mediation will fail and your quashing will proceed in HC
If the high court has passed the orders referring the matter before mediation then you may have to abide by the orders or else the court may dismiss the petition, you cannot challenge or question the authority of the high court in this regard.
- Since there is direction from the High Court for mediation , then legally you should comply the same , otherwise there is chances to dismiss your petition .
- You can narrate the same facts before the mediation which are mentioned by you i.e. deny the relation of husband and wife .
- Then the mediation will automatically failed with the said reasons , and then the High court bench will have time to peruse your supplied materials and petition for quashing the cases filed by her.
Appear before the Mediator and ask him that you dont wish to mediate the issue and the same can be adjudicated by court only. Your absence in the mediation might look bad on record. So therefore ask the Mediator to fail the mediation as its not possible.
Dear Sir,
As per what you have stated I believe the right step would be to follow the court's order and attend the mediation. If mediation does not work out, then the court will pass necessary orders on merit.
Thank You.
Thanks for the answers. It is interesting to know that during the 482 quash petition it can be referred for mediation. Ideally, it should be done during the bail stage but even the session court did not do that. I prefer to attend mediation but I hesitated to do that because I feel threatened. If the opposite party comes I better deny the marriage with the mediator and let report go to court. Thats better I think.
Asked 4 years ago
Yes yes absolutely
You should attend mediation and deny that you have married the lady as alleged
The mediation session is for interaction and reconciliation between the parties.
You can express your feelings, views and decision.
If the mediation fails then the mediator will send his report accordingly.
Yes.
Dear Sir,
1. If mediation does not work out, then the court will pass necessary orders on merit.
Thank You!
- You are correct as you narrates , read my reply given earlier.
Well, if you not attend the mediation then also case will be decided on merits.
the only thing is that it will delay the file to be sent back to court from mediation.
so you are right, attend the mediation and get it failed so next date the report reach court.
