Legal Question in Criminal Law in India

Dear Sir

have filed FIR Under section 494/498A/506 of IPC Against my Husband. and Now My Husband is 60+ and he has submitted his petition to the Mediation Centre in Alld High Court and till date he has not been arrested by the police and he has deposited Rs.10000 in the mediation centre for it. I got the information and also i visited the Alld High Court mediation centre and taken the date for mediation this month.

I just wanted to know should i have to appoint any lawyer and go with him to represent my case or the mediation centre will help me in the matter. I am his married wife but he is just dening this fact but i have all the evidences life id ,address proof and court orders stating that i am his legally married wife . I am also getting maintence from his of Rs.500/- by a lower court order.

Please Suggest Can i go alone and take the their Help (Mediation Centre Personals) .


Asked on 8/16/11, 9:36 pm

4 Answers from Attorneys

RAM DASS P RAMDAS

In matrimonial cases conciliation/mediation is a primary process in which efforts are made to resolve the issue mutually by consent of the parties, with help of a mediator/councilator. In that process both parties are called in person and the mediator tries for resolution of the case. Advocates are not required for this and they are not permitted to be present during counciliation/mediation. The court will proceed in the main case only after getting report of the mediator.

Only thing is you have to be clear on your demands and grounds and should also be aware of the grounds taken by the other party. However for administrtive co-ordination you can engage a lawyer, but not required mandatorily. All that you have to do is to be present on the date at the conciliators office.

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Answered on 8/16/11, 10:25 pm
Sanjay Kalra Sanjay Kalra & Associates

It is not imperative to engage a lawyer for mediation purposes.

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Answered on 8/17/11, 12:47 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

you dont need a lawyer for mediation .

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Answered on 8/17/11, 3:55 am
Shrichand Nahar S.V.Nahar, Advocate

Meditation is between the parties and not lawyers.

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Answered on 8/18/11, 10:10 pm


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