(In the context of false case booked under Section 498A of IPC). Original article can be read by clicking below links: Part 1-> Part 2. I thank you sir personally for such beautiful articles exposing this extortion racket and multi crore scam which everyone knows but acts like nothing is happening.
By B.N.GURURAJ, Advocate
In this narration,
CL stands for Civil Lawyer of the Accused person.
CRL stands for Criminal side Lawyer of the Accused person.
OL stands for opposite side lawyer.
PP and APP stands for public prosecutor and Assistant public prosecutor respectively.
Petition for anticipator bail for patents
Having got the accused husband out of Jail, the next urgent task was to obtain anticipatory bail for the parents-in-law. On the Monday following the release of accused husband, the CRL and I worked at fevered pitch and filed a Criminal Miscellaneous Petition praying for anticipatory bail. For this purpose, the previous Saturday, I had spent almost entire day in the magistrate’s court trying to obtain a certified copy of the FIR, accompanying complaint and Bail order. I managed to get it by early evening that Saturday. This was enclosed along with copy of divorce petition already pending before the family court. The CRL knew the ropes. He, as usual, drafted the petition in the typing pool, got photocopies made, got the application and enclosures stitched and filed it in the filing counter of the court. Then he went to the section in charge of office which allocated the matters to different court halls as directed by the Principal City Civil and Sessions Judge. Tipping her with fifty buck note, he requested that matter must come up before particular court hall. This was at 1 O’clock. We waited until 3 O’clock. We went to that office and got the petition number and also found that our matter had been allotted to Fast Trace Court 7, which apparently had a reasonable judge.
Eventually, the petition copy arrived at the court through court peon and was called. After seeing that it was for anticipatory bail, the judge ordered the matter to be listed next Sunday for considering the objections of the PP. The CRL pleaded for shorter date. But, the judge helplessly told him “every day, even calling out matters and giving next date takes entire fore noon. Where is time for hearing the matter? This matter cannot be heard before next Monday. Anyway, I can assure you that I shall hear the matter, if the objections have been filed by that date.
That was a loud hint to us to ensure that we persuade the PP to file his statement of objections on or before next Monday. We deferred this task by about four days, as the PP might forget the matter by that date.
Civil side of the case
This narration actually started from the middle of the story. The disputed started about year and a half after marriage when the accused husband complained to his parents that he cannot any longer live with the complainant-wife as the marriage has not been consummated, among many other discords between them. In the meantime, the accused husband was sent to USA by his employer. His wife visited him during this period, of course, at husband’s expense. Thereafter, the accused husband firmly made up his mind to file a divorce petition. For this purpose, a few months later, he visited India, engaged the CL and filed the petition before the Family Court, housed in a rather pompously named court complex known as “Temple of Justice” in Kannada.
Next year and a quarter was spent in the family court, trying to serve the process on the complainant wife. Eventually this was done, a counsel came on record, but no statement of objections was filed. At this juncture, one fine day, the learned Judge noted that the petitioner was not appearing before the court and directed that by next date, if the petitioner did not appear before the court, the divorce petition would be dismissed. It is under this circumstance that the accused husband visited India with fifteen days leave, solely for the purpose of participating in the proceeding. He had been assured by the CL that he would see to it that his evidence and cross examination were completed before this period. However, fate and the complainant wife willed otherwise. By the 9th day of his arrival, a false case of harassment for dowry was foisted not only on the husband but also on the parents-in-law. Rest of the story is already known to the readers.
String of adjournments leading to Mediation Centre
The Monday after the release of the accused-husband on bail, the matter came up for hearing. Prior to the false complaint, on two dates, the matter had come up before the Family Court. The complainant wife had skillfully avoided appearing before the court. On this Monday, in the forenoon, the complainant wife along with string of relatives and a clutch of OLs appeared in the court. However, as coincidence would have it, the regular judge was not available. Hence, the matter would be taken up by the in-charge judge in the afternoon, by 3.00 pm. When the accused-husband was ready before the court, the wife had, thorough her OL send a medical certificate, pleading sickness! Thus, the matter got adjourned to the Wednesday. This became a highly worrisome matter for the husband, who had been left with only another four days of leave to return to England.
It must be mentioned here that during the whole period between the period of arrest and this proceeding before the family court, the CL was inaccessible over mobile phone. However, his junior could reach him without fail. He skillfully kept himself out of our way. Even the issue of grant of bail had to be communicated to him after persistent effort. Between Monday and this Wednesday, all of us felt so depressed and desperate that we even considered changing the counsel. But, we could not think of another counsel who too would not play this hide and seek with the client. On this Wednesday morning, I accompanied the accused husband. In an angry mood, I had drafted a detailed affidavit, narrating the happenings of last four days, mainly pointing out that by trying to force a settlement through the police station, the complainant had interfered with the administration of justice, which was an act of contempt of court. This was sworn before notary and kept ready for filing before the Family Court if need be. However, as we were waiting for the court to start, first we learnt that the judge was not available, and the matters would come up before the in-charge judge who sat in the next court hall.
In order to ensure that the OL did not take another date from the Bench Clerk, I tipped him before hand and told him that the matter should not be adjourned but be placed before the judge. Having taken money, he did this. In the meantime, the OL approached me and asked what did we intend to do. He was the husband of the plump woman lawyer who did the extortionist talk in the police station. In the course of talk he as much as admitted that in most of these divorce cases, the fault lie with the girls, and hastily added that his comment was not on this particular case! In lighter mood, I told him to say this in the witness box! OL also blurted out that in some cases, he had settled the permanent alimony for as low as Rs.6.75 lakhs, and in another case, for Rs.10 lakhs, but in this case, the complainant wife was demanding far higher sum. However, as the events turned out, the CL and I did not capitalize on this piece of information.
At this stage, CL called and wanted to know what was happening. I told him that he must come to court and try to settle the dispute, as time available to the accused husband was not sufficient to protract the litigation. With considerable reluctance, he agreed, only after talking to the OL who was also willing to discuss. Some twenty minutes later, CL reached the family court. He asked accused husband, in case settlement were possible, what was the maximum sum of permanent alimony he could afford to pay. The husband candidly told him that he could afford to pay Rs.15 lakhs. This turned out to be a mistake.
When the matter was eventually called by the in-charge judge, both the accused husband and complainant wife were present in the court. Their counsels told that the parties wanted to settle the matter by mediation. Hence, the court directed the matter to be listed for mediation on the next Monday, to be reported to the court, latest after another 45 days.
CL told us that even for mediation, it was necessary for the parties to agree on a sum of permanent alimony. The mediators would provide legal frame work for settlement, but would not be in a position to impose any particular figure as permanent alimony on the parties. Therefore, if all of us discussed and agreed on a sum, it was possible for the mediation to be concluded on the very first day. This seemed like quite an optimistic situation.
We, i.e., OL, CL and I along with OL’s wife, found a quite corner in the mediation centre waiting room and discussed how best the matter could be settled. The OL’s wife shocked us by stating that the complainant wife wanted Rs.50 lakhs as permanent alimony and she would not accept even 5 paise less!
For all his reluctance to come to the court, the CL spoke quite skillfully, but for the mistake of straight away offering Rs.15 lakhs as permanent alimony. I thought that he ought to have started with 9 lakhs or 10 lakhs and yielded little by little to lead up to 15 lakh rupees. But, the arrow had been short and could not be retracted now. CL told the OL “It is not that we are unwilling to pay more. It is simply that your kind of demand is beyond the means available to the husband.”. OL’s wife said, “We know what kind of salary these engineers receive abroad. We believe that he is worth 5 to 6 crore rupees. Therefore our demand is reasonable!”
CL explained to her the impossibility of saving that kind of money within about two years that the husband had spent abroad. The accused husband had prepared a statement of affairs showing total receipts during the two years, his expenses, his savings, investments, and sums paid to and spent for the complainant wife. CL pointed out that even to offer Rs.15 lakhs, the husband would have to borrow another Rs.4 lakhs.
The OL’s wife went way to confer with the complainant wife and her mother. She returned few minutes later and said that the wife was willing to accept Rs.35 lakhs, and not a rupee less! Of course, paying such ransom was out of question for the reason that the husband simply did not have the means to pay. He also did not have any immovable or movable property in his name. Even the house was in his mother’s name. These facts of life were placed before the OL. Thus, more or less, the talk broke down. As we were walking out of the court complex, the OL approached with a last demand of Rs.30 lakhs. Since even this was unaffordable, we at least agreed that we should not shut out the matter and keep our options till the day of mediation, which was next Monday. On that note, we parted company.
Nuisance of weekly attendance at police station
The bail order of the court required the accused husband to appear before the police inspector and sign attendance every Sunday. CRL told us to purchase a 200 page note book and accompany him on the first Sunday to meet the ACP, which the accused husband did dutifully. By fortuitous coincidence, the ACP was not available. Therefore, both of them met the inspector. The book was given to the police inspector writing down the case number, name of the accused, and date of bail order. Thus, the accused had to purchase his own attendance book. The police department, enjoined with the duty of keeping attendance could not afford to maintain a register in a police station!
The consequence of failure to mark attendance was that the bail order would be cancelled, and the accused sent back to prison and JC. That was a prospect none of us could even dream of facing. Therefore, throughout the period, the accused husband diligently went to the police station every Sunday and marked attendance.
Accused husband’s efforts to save his job
Now, it was clear that there was no way the accused husband could return to his job. With a criminal case hanging over his head like a democlean sword, requiring his presence in the city indefinitely, the option of returning to England was absent. I thought that he could go to England and wind up his affairs and return to fight this matter out. Even to do this, the weekly attendance at the police station came in the way. He could not have travelled to England and returned to India within a span of six days between two Sundays, after concluding his affairs at England.
I spoke to CRL and explained the problem. I asked him to file an application before the magistrate praying for modification of the condition of weekly attendance. Alternatively, dispense with this condition for one week, so that the accused husband could stay in England for two weeks and conclude his affairs, bring back his savings.
CRL’s suggestion was incredible to say the least. He said, “I will take you to the ACP. He will adjust. He will allow the accused to mark attendance for next couple of weeks. During that period, your man can travel and return”. I told him, “look, the passport will have exit and entry date stamps. If he marks attendance for a date on which he is out of the country as per his own passport, he would be caught like a sitting duck!” The CRL’s reply was “who is going to check that? If you want your man to go abroad, you have to take risk!” According to him before efflux of at least four weeks, the court will not consider modification of bail conditions. Period. So much for the wisdom and smartness of a criminal side lawyer who has to defend his client.
However, the accused husband was made of stronger stuff. He did not consider the option of losing the job at all. Instead, he wrote to his employer placing all the cards on the table. He explained by e-mail that he had been trapped in a criminal case based on false complaint. He stated that he reasonably expected that further four week’s time would be sufficient for him to conclude both the matrimonial and criminal case and return to this job. He had about three week’s leave to his credit. The fourth week would have been leave without pay.
The firm he worked for was gracious enough to appreciate the tough predicament faced by their employee. Tentatively, they approved his leave absence, subject to final approval by the managing partner. Thus, the problem of saving the job had been postponed by four weeks. He could concentrate on the cases on hand to liberate himself. Within next few days, his leave of absence was confirmed. That worry was out of the way.
A side show amongst counsels
On the day when the matter was posted for mediation, a side show developed. The CL has a junior lawyer, who is in his late twenties or early thirties. According to another civil lawyer friend, this person was skilled in fleecing more money from the clients, than his own senior! This collection would be in addition to the payment of fee to the CL.
On that day, he talked to the OL for a few minutes and returned to me to inform, “sir, that OL is money-minded! I can make out that if right sum is offered to him, he will prevail upon the complainant to accept settlement for fifteen lakhs. It may be necessary to pay him another fifty thousand.” I told this junior “fifteen lakh rupees is quite a generous offer. None from the other side should be unhappy to accept it. If the OL can prevail upon his client to accept it, we don’t mind compensating OL.” For good measure I added “and you too!”
The junior lawyer huddled into conference with the OL. He returned about fifteen minutes later and confirmed that we would have to through the motion of mediation and he would persuade his client to accept the offer of fifteen lakhs. As readers would recall, the last demand of the complainant wife was Rs.30 lakhs. The gap between our offer and their demand was far too wide to be bridged. However, with this work done through the second channel, I felt that negotiation before the mediator would be concluded on Monday.
Meeting the PP of sessions court
Next day, late evening the CRL called me and complained at length about his not getting paid for filing of anticipatory bail application. He also made much show about my not joining him to meet the PP in the Sessions Court. “It is now too late in the day to do so. You should have approached me much earlier.” By now, I had realized that this was his usual style of talking, always blaming the client for real or imaginary faults. This was to get worse, with every passing day. I asked him, “could we meet the PP on Friday?” He pompously replied that he was busy on Friday and had to appear in several courts including High Court. I persisted, “Can I come to High Court around 1 O’clock and pick you up?” He agreed with much reluctance: “alright, you present yourself at High Court by 1 O’clock. During the recess period of one hour between 1.30 pm and 2.30 pm, we will go to sessions court from High Court and try to meet the PP.”
I found the CRL near the court hall of High Court where criminal petitions were heard. The court hall was too crowded. CRL’s matter was 60th in the cause list. At that time, 31st matter was being heard. So, the CRL took me to the next court hall, which was vacant. As soon as we sat there, the first task I did was to pay him another 10K. I told him, “On the day you filed the Cmisc petition, I was not carrying sufficient money. Here is part of your fee.” He beamed broadly and took the money. Thereafter, he was very cordial. Thus, I found that his grumpiness was on account of not getting paid then and there!
We waited till about 1.20 pm. The cause list stopped at 44th matter. Therefore, CRL felt that we could safely go to sessions court which was about one kilometer away, in my car, and return in time for the afternoon session of the High Court. We left for the Sessions Court. When we reached there, we found the PP still in the court hall. The court would raise for recess at 2.00 pm. We patiently waited. CRL told me to keep a thousand rupee note ready and handy, which I did.
When the PP came out of the court and entered his chamber next door to the court hall, we also followed him and occupied the visitor’s chairs before him. He gave us an interrogative look. The CRL told him “On Monday, a Cmisc is coming up for anticipatory bail.” He paused at this stage and told me to handover thousand rupees to PP, which I did. The PP pocketed it without even a glance at me and without any break in the conversation with the CRL! PP asked the petitioner’s name, name of police station. He located the petition copy served on him. CRL requested him, “the court has agreed to hear arguments on Monday itself, if you can file objections on Monday”. The PP agreed to do so. CRL further requested PP to make a note of the Cmisc number. The PP airily replied, “don’t worry. Once you have told me, I will take care of it!”. With that, we were dismissed and returned to the High Court in another fifteen minutes. I dropped the CRL at the High Court and returned to my office. Before parting, the CRL told me to be present at the Sessions Court on Monday by 1.00 pm itself.
Sessions hearing and drama at mediation centre
On Monday morning, I kept on trying for the CL. But as usual, he was inaccessible. Since CRL wanted me to be present at the Sessions Court for argument of anticipatory bail application, I could not also be present at the mediation centre on Monday, which was also fixed at 3.00 pm. Eventually, when I managed to get him on the phone at 1.00 pm, I requested him to appear for the mediation, as I would be away at the Sessions Court. But, the CL refused to continue the conversation on the ground that he was in the middle of some discussion or argument! The lack of commitment for the client’s cause was absolutely shocking. After an hour, he called and told me that his junior would accompany the accused husband at the mediation centre. Knowing his proficiency and abilities, I knew that until I returned to the mediation centre, the accused husband would be a lone lamb amongst wolves. This junior was too dumb to contribute meaningfully to the mediation process.
I waited for the CRL at sessions court. He turned up at around 1.30 pm. He was coming from some other court. I did some running around with him, as he did some follow up on an execution petition filed by him saw some of the dungeons of the court complex which passed for the offices of the courts. In the meantime, a young man approached the CRL with a request to file anticipatory bail application on behalf of some persons, who were facing recovery proceedings from a bank. Apparently, the debt had been decreed by the Debt Recovery Tribunal. For failing to comply with recovery notice, they must have been facing the threat of criminal proceedings. The CRL heard him for a couple of minutes and told him, “Yours is not a case where an FIR has been filed. Therefore, you cannot approach the Sessions court for anticipatory bail. Go and request the branch manager for some time”. With that, he dismissed that prospective client.
We sat in my car, which was parked in a tree shade and shared the lunch I had brought. By 2.40 pm, we returned to the court hall. Within about ten minutes after three, our matter was called. The PP promptly said “I am filing objections!”. He handed over a copy of statement of objections to the court clerk and did nothing more. The judge heard the CRL’s arguments. Sum and substance of the argument was that the complaint under Section 498A had been filed during the pendency of petition for divorce for over year and a quarter. The complaint was retaliation for this divorce petition. That the complaint was false, as the husband was not present in India to make demands, nor did the complainant wife lived in her matrimonial home for over year and a half. The complaint was based on improbabilities and stale facts. The CRL also took the judge through case laws he relied on, especially a constitutional bench decision in a 1980s case, wherein, the Court had set rather liberal guidelines for granting anticipatory bail. The judge impassively heard the arguments. After hearing the arguments, the judge cryptically said, “for orders on next Monday”.
I had no experience in the Sessions Court. Just as the magistrate had dictated the bail order in the open court immediately after the argument, I expected the Sessions Judge to do so upon conclusion of the arguments. This meant that the parents in law would have to remain in exile for at least another ten days, assuming that the order would be pronounced on next Monday granting anticipatory bail, and we would be able to get certified copy of the order, the next day. I was dejected. The CRL and another elderly advocate explained to me, “Even the courts are worried about being attributed oblique motive, if they pronounce the order immediately. Hence, the delay.”
With that, we left the court complex. The CRL had to return to his office-cum-home. He wanted me to drop him at my place, from where he could go by autorickshaw. On the way back, I explained to CRL the anxieties of the parents-in-law, the fact that the accused husband’s sister was in the family way, how, because of threat of harassment by the police, the family had splintered and dispersed. The CRL’s response was typical of a lawyer who cared about his case and fee. “What can be done? The case will proceed and your people would have to attend the court regularly!” I told him caustically, “As a counsel, it is easy for you and me to expect litigants to regularly attend court. You must appreciate the client’s concern. None would want to come to the criminal courts, stand amidst criminals, pimps and prostitutes and stand in the box of the accused. None would want to go to court as a litigant, and as a patient to a hospital!” That must have hit the target. He kept quite thereafter.
Having come so near he stepped into my office, saw my library, met my chamber colleague, shared a cup of tea and then left. Thereafter, I called the accused husband, who must have been facing heavy artillery in the mediation centre. When he spoke, the desperation and anxiety were evident in his voice. He told me, “It is better if you come. These people are playing acting all kinds of drama.” With that message, I left for the family court complex, which also housed the mediation centre.
In the mediation centre, which occupied the ground floor of the court complex, there are nearly a dozen mediation rooms. I located the room where our case was in progress. The mediator was a handsome man in his early forties. I stepped in and introduced myself as the accused husband’s relative and told him that since his parents were away, I wanted to accompany him. The CL’s crafty junior was sitting next to the accused husband.
The mediator explained to me that the complainant wife had been demanding Rs.30 lakhs as permanent alimony. Whereas, the husband had offered Rs.17.5 lakhs. I was bewildered. According to my last information, the offer was Rs.15 lakhs. According to the assurance of the CL’s junior, the opposite side was expected to accept this offer. I raised this question. Then, the junior explained to me. Apparently, the CL, in a bid to settle the matter had unilaterally offered Rs.17.5 lakhs, with the confidence that he could persuade the accused husband to pay the sum! To me this seemed rank recklessness.
I told the mediator, “according to our information on the previous occasion, we had been told that the opposite side would accept our offer of 15 lakhs, which is now hiked to 17.5 lakhs. If the gap was known to be as wide as another 15 lakhs, we would not even have considered mediation. There is just no way can the accused husband manage to meet that kind of demand. Even to pay Rs.15 lakhs, he still has to borrow another four lakhs”. I drew his attention to the statement of affairs drawn up by the accused husband.
At this, the plump woman lawyer, the wife of OL jumped to her feet, “You are making allegations against us! We have never agreed to 15 lakhs or 17.5 lakhs. You are trying to bring between us and the party!” I bluntly told her “Think whatever you like. The fact remains that on the previous occasion, your side clearly indicated that it was possible to settle the matter for 15 lakhs. I am not changing my statement”. At this stage, the CL’s junior squirmed in his seat, fearing that I might reveal his little conversation.
The woman lawyer told the mediator contemptuously, “He is after all a relative. He has no business to interfere!” I told her, “Mediation is meant for parties and family members. It is not meant for lawyers”. I was in counsel’s dress at that time.
The mediator, quite an affable man, helped clam the tempers. At this stage, the complainant wife opened her mouth and revealed the degree of her greed. “If these people have no money to pay, let write their house in my name!” I was astounded to hear this. Since I did not want to escalate the tempers by saying something sharp, I told the mediator, “This is a reckless demand. The house the accused lives in belongs to his mother. Accused husband does not own any movable property or immovable property. Other side cannot make this kind of baseless demand.” The wife muttered something about the family being boastful about their wealth and living beyond their means. I told the mediator that such baseless and wild assertions cannot be taken into consideration for settling the dispute between the parties.
The complainant wife once again started the melodrama about joining the marital home, that she wanted to lead peaceful life with husband. But, she did not want to live with her in laws as she feared for her life. She wanted her husband to set up separate family. I firmly told the mediator that living together again was not at all an option, not after the humiliation faced by the family at the hands of the complainant wife by being arrested and sent to jail. If that was the main demand, this mediation would serve no purpose at all. I wondered how this educated wife did not appreciate her own contradictions. On the date of arrest, she told the police inspector to let off her in-laws and arrest the husband, as though she thought that the in-laws were angels and the husband a demon. Now, she was willing to live with this diabolical husband, but feared for life if she had to live under the same roof with the in-laws! But, then for someone whose judgment and intelligence are clouded by greed, logic is highly inconvenient.
I told the mediator and the other side lawyer, “At present, the husband is not earning any money. If the matter is delayed, his savings would also dwindle and there would be no significant money left for paying permanent alimony. No court can award alimony which is beyond the means of the petitioner in a divorce case.”
The complainant wife again asserted stridently, “I too have to look after my handicapped father. I do not have a project now. I am on the Bench. What should I do for future, if I accept their paltry offer? I cannot accept anything less than Rs. 30 lakhs!”. It was evident that she wanted this opportunity to solve all her life’s problems forever, a mercenary approach if there was ever one.
The mediator explained to the accused husband that he will consider the matter once again on Thursday, and in the meantime, both parties could find a meeting ground. He advised the accused husband that if he could conclude the matter by settlement, he could return to his job within next couple of weeks, as the conclusion of civil case would also mean that criminal proceeding can also be closed. That would be a part of mediation agreement. On that note, we left the mediation centre.
The accused husband was feeling very depressed. The adamancy displayed by the opposite side worried me too. If the demand remains beyond the means of the husband, there can be no conclusion of civil and criminal proceedings within four weeks. That would mean loss of job for the husband. How long can a person live on savings, and meet the expenses of litigation in two courts? Unfortunately, even his parents were not at hand to console him. They had to remain in exile until the anticipatory bail order was obtained.
Husband ready to throw in towel
That night and next day, we discussed the situation at home. The husband was feeling desperate to save his job. He blurted, “I am ready to borrow from my friends abroad. I can repay them within a few months, when I return to the job. I am prepared to pay 25 lakh rupees”. Since he had already booked his return journey to England, travel would not be a problem, even after he paid this king’s ransom. But, he would be left with no money at all, not to speak of his family. But, his reasoning was, it was better to sacrifice the savings, rather than job. Savings could be built up, but job could not be found so readily.
That decided, we contracted the CL. After playing the usual elusive game, he spoke to us. He said, ‘You need not pay 25 lakh rupees. I will speak to the OL and settle the matter at Rs. 20 lakhs.” He sounded very confident.
Matter settled at mediation centre
On Thursday morning, the CL called me and told me that he had spoken to CL and told him “I am telling my client to make a final offer of Rs.20 lakhs. If your client does not accept it, you may do whatever you like. I will not participate in the negotiation.” I wondered what kind of ultimatum was this. If he did not participate in the mediation, it would be no skin off the nose of the opposite side! We would be constrained to take help of another counsel or plunge further on our own. The CL continued, “This threat has worked! OL called me a short while back, and has confirmed that his client has accepted the final offer of Rs.20 lakhs”. At last, there seemed to be some light at the end of the tunnel. I informed the accused husband about this development. He was smarter. Anticipating such development, he had already mobilized money, and transferred money from his foreign account to Indian account. He said, he could issue a crossed cheque for that sum!
In the afternoon, well before 3.00 pm, I was present at the mediation centre along with accused husband. I saw the notice board and noted that our mediation case was listed. A little while later, the complainant wife and her relations turned up as also their counsels. As usual, our CL did not turn up. Though it was 3 O’clock, even the mediator had not yet appeared. I contacted the CL. He told me “I am at Revenue Court. I will come in another twenty minutes. That time passed. I called him again. But he was inaccessible. In the meantime, the mediator appeared. Both sides went to him. I told him that our counsel would be slightly delayed, but would surely come. We waited upto 4 O’clock and there was no sign of CL. I began to wonder whether this would result in slip between the cup and the lip on account of the counsel playing truant.
The mediator, sensing my anxiety told us that we could finalise the details of settlement and commence drafting the mediation agreement-cum-petition which would be presented to the family court. It had to be signed by both the parties and their counsels. Once the details of settlement were known, he could dictate the document so as to save time. We agreed to this sensible suggestion and met in a mediation room.
We were in agreement that the husband would pay the permanent alimony in full and final settlement of all claims and neither side would stake any claim against the other in future; that they would not interfere with each other in future; that divorce would be by consent of the party; that the criminal case commenced against the husband would be withdrawn. The other side added one more element “petitioner husband must withdraw all the allegations made in the divorce petition”. After conferring with the accused husband, I told the mediator that we had no dispute about withdrawing the allegations in the petition. Next, the other side wanted the money partly in cash. This I flatly refused. I firmly told that the cheque number, bank name, amount, and date must appear in the mediation agreement for the entire sum. Further, we did not want to run the risk of drawing and transporting cash. The other side did not persist with this demand. Next, there was some discrepancy in the name of complainant wife in the petition and in her bank account. It was agreed that mediation agreement would record the name in which the cheque was issued as abundant measure of caution. The accused husband wrote out the cheque for Rs.20 lakhs and gave it to the mediator.
Before leaving the mediation room, he mediator asked the complainant wife, whether she was satisfied with the settlement. He reasonably expected that at least out of politeness he would get a positive answer. But, her answer was a firm NO!
We again retired to our corners of the boxing room called mediation centre. At this stage, the CL made his grand entrance. We were waiting in the porch of the mediation centre in that rainy late afternoon. I took him to waiting room and explained the terms of settlement. Then I took him to mediator who was in a secretary’s room, dictating the mediation petition – cum – agreement. Short while later, after the draft was ready, we met again in the mediation room. Both sides read the draft checking each detail carefully. Thereafter, lawyers of both sides as well as the husband and wife signed the mediation agreement.
I asked how the criminal case would be solved. The mediator and the OL told us that soon after the divorce judgment, the complainant wife would appear in the magistrate court and withdraw the criminal petition. I looked for confirmation from the CL. He also agreed that this was possible. Since I was not certain of the procedure for withdrawing the case in a cognizable offence, I deferred to his wisdom. This was soon to become a major problem
The mediator gave it to the centre staff to affix seals, made copies and give one copy to each party. He called for the court’s case file, and wrote an order directing the matter to be placed before the Family Court on next Monday, for passing the judgment of divorce.
On that note, we left the court complex, feeling satisfied that at least the civil side of the crisis was about to get settled.
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