Legal Question in Family Law in India
Can we file a Divorce if Judge has sent Dowry case to Mediation
I after being harassed for Dowry for about 2 + years filed a Dowry case against my in-laws and the boy applied for anticipatory bail for himself and his family members. Judge sent our case to mediation twice already but it failed and now 3rd time they again requested for mediation. Judge agreed to that .
My Question is now since the Tis hazari Civil court will be closed for 1 month or so (Civil court) and my lawyer was insisting on filing a Divorce case which I did not file as I thought JUdge has sent the case to mediation and may object to our Divorce case on the next hearing as he sent the case to mediation and we should have waited for the outcome of mediation before filing a Divorce case. Thats why I told my lawyer to wait for Mediation to happen which is one month later.
Did I make the right decision of not filing a Divorce case before the outcome of mediation or should I have filed the same before the mediation and saved one month
5 Answers from Attorneys
Re: Can we file a Divorce if Judge has sent Dowry case to Mediation
your decision is right , but legally even if you fiel the divorce pettion , it was not going to harm you, but it may result into failure of the mediation process.
Re: Can we file a Divorce if Judge has sent Dowry case to Mediation
There is nothing wrong in your decision. You may also need to settle the issue of alimony/support simultenaously or may be even prior to divorce.
Re: Can we file a Divorce if Judge has sent Dowry case to Mediation
It is upto you if you think mediation will be succeed then stay else file the same.
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Re: Can we file a Divorce if Judge has sent Dowry case to Mediation
It is always better to wait but then what you want in mediation that is more important ,if you want to settle that matter and live with your husband then it is always better to wait and if you want separation then also in the mediation you can negotiate for alimony maintenence so there is no haarm if you file divorce after one month. your husband may also file for divorce so wait and watch.
Re: Can we file a Divorce if Judge has sent Dowry case to Mediation
Both are different proceedings so you can file divorce but better wait for mediation result.
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