• Quashing of 498a

I have applied for quashing of 498a in highcourt nagpur,mediator has asked for settlement by calling my parents too along with me,I do not belong to Nagpur,bt my wife belongs here.I want to kno how effective it can b or how wrong it will be by calling my parents for coming out at a resolution,since my wife and her family r leaving no stone unturned by trying all case to defame me nd my working father,we have evidences of her recordings,still its been one year and no result.my wife has also filed divorce,m not a able to kno wats actually cooking in her head,please advise whether taking parents is advisable at dis mediation as my parents r staying very far and it's impact and wat way I can get rid of her,as living with her is impossible,
Asked 1 year ago in Criminal Law from Ahmedabad, Gujarat
Religion: Hindu
If the mediator is calling your parents for an amicable settlement, why are you hesitating?, The case if it is likely to be settled through mediation, it will benefit you moreover there are  chances that the 498a may be quashed.
If she has filed divorce, if you are not willing to live with her anymore, you can submit a memo stating that you submit to the decree prayed for by her. This will ensure a peaceful divorce. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
1. Nobody can tell what is cooking in her head. The only thing you can is continue your case on merits.

2. If the mediator has called your parents then they should appear, failing which the mediator will send an adverse report against you to the court. 

3. If your parents have been granted bail by the court then there is no risk attached to their appearance before the mediator.

4. Alternatively, you may also apply to the mediator to permit them to appear through video conferencing, but this is rarely allowed.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. Your query is not clear. Has the Mediator of the Court where your wife has filed the divorce case, called you?

2. If yes, then you need not take your parents and after visiting him you can tell that mediation is not possible at this stage, 

3. In the above event, the Mediator will submit report before he Court stating'Mediation has failed',

4. The Divorce case then will start to be heard,

5. Taking your parents to Nagpur is of no use to you and is advised against.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
1. Taking part in mediation has no negative impact.
2. You can show the evidences in hearing and not in mediation. Mediation is for mutual settlement of the dispute and if you do not want settlement then refuse to participate in mediation. 
3. Unless both parties want mediation does not happen.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
settlement is always better so first of all try to settled the matter amicably otherwise fight the case on merit.

first and last try and call your parents to came and sit for mediation before court appointed mediator and try to resolve the issues amicably.

Feel Free To Call
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0