Useful Tips to Handle Mediation process in 498a Quash


Useful Tips for husbands to handle Mediation Proceedings, in 498a/DV Act/125 Cr.P.C
Useful Tips for husbands to handle Mediation Proceedings, in 498a/DV Act/125 Cr.P.C

Useful Tips for Husbands to handle the Mediation process in 498a Quash & DV/125 Cr.P.C. dismissed.

The courts as per the case refer the matters for Mediation between the couples. Mediation is a process in which a third neutral person sits with the couples to explore possibilities of reconciliation or amicable settlement between them. It is a good process to settle disputes and save you from long battles in the court. But many times it has been observed that due to greed, ego, and anger the demand for settlement amount is very high which is unable to consider, so the mediation fails.  Mediation may happen before registration of F.I.R or after it or mediation can be offered by the courts also in between the proceedings of any case. Below mentioned points can be used to handle the situation at mediation centers, courts, CAW cells, etc. Basically, three major scenarios are seen in the proceedings of mediation.

  Know how to fight 498A - Quashing of 498a Read Judgments ______________________________________________________ __________________________

 Read the article on - 10 Tips to Counter Claim of Maintenance under Section 125 Crpc when Wife leave the husband without any reasonable cause and maintenance can be denied _________________________________________________________________________________

Scenario 1
– The mediators will try to mediate between the two parties by way of mutual understanding so that they can live together. If there is any mutual consent is made that both parties are ready to live together than a mutual understanding memo is signed between the parties that they are ready to live together.

i) Situation: The mediator will try to blackmail the husband that if you will not agree for taking the wife or if you deny taking the wife back by saying upfront than the authority will file the case on you.

Way to Handle – Never say upfront that you don’t want to live with her or not ready to take her. Always say that first, she will take all the complaint/cases back and give in writing that she had filed the complaint falsely and whatever allegations of demand of dowry, beating, cruelty, harassment, domestic violence alleged in the 498a complaint are false and she had alleged it under pressure and she will be admitting that she had filed false complaint or case. You have no trust in her that if she re-joins me with oblique motive and plot some concocted incidents against you and your family again and implicate you and your family in false cases again. So ask the mediator to help you in saving you and your family from false litigations by providing an affidavit from her mentioning above consent. Note: Remember never to sign any paper or document without reading and never give in writing that you will not beat her or demand dowry from her again, which you actually not done.

Scenario 2– If there is no consent reached out to live together than the mediator will try to ask for an amicable settlement and ask the parties to finish the relation by giving one-time settlement and ask you to pay her compensation for mutual consent divorce. This is the point where the motive of filing 498a case comes out and An extortion racket is run for this point of time only. She demands money and if you agree to the demands by actual or by negotiation a mutual agreement is signed between both the parties and Memorandum of Understanding (MOU) is prepared to mention the terms and conditions for the accomplishment of agreement.

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  i). Situation – She upfront says that she is not ready to live with you, then don’t show your excitement to say yes to her demand. Always keep your point that you are not ready for divorce and judge their demands. If you think that you can take them down to your level and they are so much eager for divorce and ready to negotiate as per your conditions. When you are ready after the negotiations to pay as a one-time settlement to her and proceed for mutual consent divorce. Keep the below-mentioned way to proceed points very carefully. Way to Handle: Prepare a well draft MOU with all the terms and conditions decided before the mediator.
  • Never pay any money at the time of the MOU agreement. Whatever amount is to be given it should be in front of the court.
  • MOU should have point mentioning the period within which the mutual consent divorce will be filed by both the parties.
  • It should have the point that the adverse consequences on the party who does not abide by the conditions of MOU like legal actions etc.
  • It must cover the point that the money agreed to be paid in three parts, first the part will be paid at the time of first motion of the mutual consent divorce in front of the court, the second part will be paid on the withdrawal of any complaint or cases against each other, the third part will be paid at the time of second and the final motion of the mutual consent divorce.
  • Have a clear point that if she doesn’t turn up for second motion than she will be liable to refund the amount taken and on refusal, legal action can be initiated against her for the recovery of the money paid.
  • Memorandum of Understanding should mention the point that if she did not turn for the second motion the divorce should be granted in her absence and she will have no right to withdraw her consent for the mutual divorce petition and if such request is put forward it will be rejected by the court and the divorce should be granted.
  • MOU should have clear points regarding the custody/visitation rights of the child (if any).
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  ii). Situation: If the demand for the party is very high or you are not interested in her to pay any money and not ready to give divorce at her conditions than you want to say no to her demands but you are not in a position to say no. The mediator at this the point will put pressure you to finish the matter by paying her one time the settlement at any cost and blackmail you that if you will not agree now than the case will be filed against you and you will be dragged to court for long years, you can be arrested and you will waste your time bla bla bla..….. 

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Way to Handle: Don’t deny upfront, say that you are not in a position to pay the huge amount and you don’t have enough money to pay her. Give your offer amount and remember it should be such that the other party will not agree to it or if at one thought they get agree to take that offer then the amount should be such which will be within the range that you can pay and get your freedom. If they deny to your offer than tell the mediator that if they want the divorce and they are so much willing to get a divorce than they can file a divorce in the court with the demanded money and let the court decide on that settlement and there is no need to file this F.I.R. for settlement and they should be directed to the court for a divorce. 

Note: Try to use delay tactics to delay the mediation proceedings as much as you can so that your counter-complaint and RTI case can reach its course and you can get the information required for the dismissal of the 498a complaint. _____________________________________________________

  1. Scenario 3 – If there is no settlement of living together is worked. And there is no amicable settlement for a one-time settlement. Then the mediator will close the mediation proceedings. He will send the report mentioning that the parties are not ready for mediation or there is no settlement reached. Remember the mediator’s report has no binding on the case. It was just a try given by the authority to settle the dispute. If it is not successful than the complaint or cases will be decided on its merits. If the authority without seeing the merits in the complaint or case and go against you then file an appeal to next level authority. The authorities are still bound with the directions issued by the Supreme Court in its judgments to the Police authority and to the Judicial Magistrates.
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Understanding all three scenarios. Strategizing the plan to handle mediation proceedings helps to find the exit point from all the cases. Watch these videos back to back to understand better how to use mediation proceedings to get results. 



If any questions please ask in the comment section.

      

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5 comments:

  1. After wife filed F.I.R. against me and my family, just to satisfy her EGO and Anger. How to put counter case against them ? Cause all allegations are false and without any proof.

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  2. The article you've shared here is fantastic because it provides some excellent information about Family Dispute Resolution Mediation NSW that will be incredibly beneficial to me. Thank you for sharing that. Keep up the good work.

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  3. This comment has been removed by the author.

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  4. I really loved reading your blog. It was very well authored and easy to understand. Unlike other blogs I have read which are really not that good.Thanks alot! website

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  5. Excellent information n very well written too.
    I am going gor mediation tmrw and I an sure these tips will help me big time

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