mediation failed in family court
2 years ago
My wife and me attended court referred mediation. Actually I filed nulify marriage petition on my wife for cheating me by concealing her past affair and continuing even after marriage.She told to mediator lawyer that i have cheated her by hiding my disability and we have not told her that i have polio.Then mediation lawyer asked her you have not seen his disability during prewedding and weeding ceremony then she told that she dont know my disability at that time also.Then i told to mediation lawyer that I wore calipers and her parents have done kanyadan and in photos it is clearly visibile and marriage is also witnessed by so many people. And also after marriage she has exploited me financially and enjoyed with her boyfriend and have their whats app chats. Mediation lawyer asked her that whether she is interested in me then she told that she dont want to live with me because of my disability. Then mediation lawyer has written report as failed. What will be the next step? Now what will be the prognosis of my case?if they file counter then can i win case by showing my marriage photos as evidences?
If you can prove about her awareness regarding your physical disability, they the case will be in your side. However, this is not a case of annulment of marriage. Divorce by mutual consent is the best option for you both if both of you do not want to continue the marriage. If your wife talks about 'alimony', then you may also bring up her case of adultery and proofs for the same. The court will give it's best judgment based on the facts and arguments.
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Vaidehi Samant
Responded 2 years ago
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If the mediation has failed then the case will be initiated for trial and they will have to file the counter or written statement and subsequently the trial will go on. After going through all the stages the final order will be passed.