Legal Question in Family Law in India
Due to extreme harassement for Dowry, I have filed a Dowry case on my In-laws and my In-laws have applied for anticipatory bail. They admitted some of the items which they have returned while rest of them they are saying has been taken away by the girl while leaving the house.
Now my problem is that the biy has applied for anticipatory bail since last 3 months and everytime he appears in the court, his lawyer asks for mediation and everytime mediation fails because the amount he is offering in mediation is far far less then what is demanded by me for my maintenance.
After 3 failures of mediation, thsi time we requested the judge NOT to send the case for mediation but Judge insisted that since I don't want to stay with the boy, I should go for Settelement only and sent the case again back to mediation.
If the case is not settelled in mediation this time, and if the boy's lawyer asks for the mediation again, what shall we do ?????
2 Answers from Attorneys
You may refuse mediation if you do not want a settlement.
You should not oppose the bail because that may be normal. After the criminal case is investigated by the police, the accused may face trial court and may suffer a conviction also landing them up in jail. therefore, opposite bail at this stage may not be of any use.
You may continue purusing your remedy of maintenance / compensation under the HMA and DVA.
You are entitled to live separately with the same standard of living as was maintained by your husband prior to your separation.
the judge has acted beyond his jurisdiction by referring the matter to mediation as you were not ready for the same. the matters can be sent to mediation cell only after both the parties give their consent in writing that they want someone to mediate upon the matter. your lawyer may plainly refuse for mediation and the case would be taken up in a routine manner. its your lawyer who has to put his foot down when the judge insists upon mediation. brief your lawyer accordingly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
