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Advice regarding mediation in Domestic Violence case 
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Joined: Wed Apr 12, 2017 6:11 pm
Posts: 5
Hi fighters,

To give you a brief background, DV case and 498a/354a was filed by my "dear" wife on my family members(mother, uncle, sister) in Jan 2017.
We all live 1000 kms away from the place where case is filed.
498a chargesheet is still pending but DV hearings have started and I am alone attending the same.
In last DV hearing, court has ordered for mediation.

1) Can you please suggest whether I alone can attend the mediation proceedings(given that my mother/uncle are not in best of health) or is it mandatory for all accused to attend the mediation proceedings?
2) I do not want to taken her back nor do I want to give her any money. I want to fight the cases till the very end.
Can I state the same during mediations or do I need to be diplomatic in this regards. Will this impact future hearings/perception of DV court judge in a negative way?

Any help in this regard would be really appreciated.

Thanks!


Last edited by ajain8877 on Mon Oct 30, 2017 8:48 am, edited 1 time in total.



Mon Oct 30, 2017 7:31 am
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Joined: Mon Aug 26, 2013 12:30 pm
Posts: 317
All ur parents need not attend in DV.

In 498a, file exemption petition and say that ur parents or uncles cannot come all the way.

DV, nothing happens even if ur lawyer represents for u also.

498a since criminal in nature, take exemption by filing petition.

In mediation, deny allegations and say that how can u take wife who filed 498a etc.

Nothing happens..Mediation is different and trial is different.

Trial runs on merits...No judge will force anybody.

Do u have kids...if not happily fight cases...Prepare for long battle..minimum 3 to 4 yrs..


Mon Oct 30, 2017 7:51 am
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Joined: Wed Apr 12, 2017 6:11 pm
Posts: 5
Thanks for the advice.

I do not have any kids, thats why I am all set for the fight even if it takes 10 years!

498a/354a chargesheet is still pending. luckily we all got notice bails in advance before FIR and hence police did not attempt for arrest notice.
I will definitely file petition on the first hearing itself when the case goes to court.

I read that in criminal cases, female members (mother, sister) usually get the exemptions but since 354a is filed on my uncle, does court give exemption to male members easily in such scenarios as well?


Mon Oct 30, 2017 9:03 am
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Joined: Mon Aug 26, 2013 12:30 pm
Posts: 317
Try to give some bugs to police and try for removal of all names in 498a...
You can go to high court for quash of names in dvc..

In this way only you can face trial


Mon Oct 30, 2017 4:50 pm
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Joined: Mon Aug 26, 2013 12:30 pm
Posts: 317
Police will also take "X" amount to remove 354a also. See all possibilities...


Tue Oct 31, 2017 7:14 am
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