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Next step in criminal court if mediation fails


12-Sep-2023 (In Criminal Law)
We have filed for domestic violence case, our lawyer has submitted for Mediation Plea since Respondents were not willing to settle. What is the next step in criminal court if mediation fails?
Answers (6)

Answer #1
576 votes
The next step is file say for temporary alimony application then it will be argued by both the party and argument satisfied the court will pass an appropriate order then it will be posted for evidence but if you want to demand some documents or anything else from your hubby then you should make such applications
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Answer #2
958 votes
Well, you have to mention that before the Magistrate before whom the DV case is pending that Mediation is failed after that case will be move forward from the stage from which it was referred to Mediation.

Answer #3
975 votes
Dear Querist, as per your query your Advocate has filed for mediation plea and if the same fails then you have to proceed further and have to file Issue process against Respondent and need to prove the same and if it is against the Respondent the issue will be processed against them and they will be charged under the provisions of IPC.
Answer #4
937 votes
Stages pursuant to failure of MEDIATION:
[Assuming the MEDIATION was initiated before filling of the written statement/ reply by the Respondent/s]

~Reply shall be filed by the Respondent
~Replication, if necessary, by Applicant
~Rejoinder, if necessary, by the Respondent
~Affidavit to be filed by both the parties, if the court considers it necessary
~Argument on interim application, if any, filed by Applicant
~Interim Order will be passed by the Court
~Appeal against Interim order by aggrieved party u/s.29 of DVA
~Issues framed by Court/ Evidence filed by Applicant by way of Affidavit or any other witnesses
~Cross examination of Applicant and witnesses
~Arguments
~Judgment
Answer #5
610 votes
Mediation Centres are trying to settle the cases amicably out of the Court. If one party is not being ready to settle the issue, no-one can force to settle the same.
Once settlement talks are getting failed in a Mediation Centre or otherwise also Cases are running Procedurally.
Whichever was your case state before sending it to the Mediation Centre since that stage matter will get run.
Answer #6
467 votes
The Court will then take on the task of settling any disputes between the parties and file a lawsuit.
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