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Ram (RPO)     04 September 2008

Please clarify...

Can the aggreived party seek "Nullification of marriage" within ONE year of marriage with a "compramise MEMO" through ADR (Alternative Dispute Resolution) process duly signed by both "Attorneys and parties" and getting the "Compromise MEMO" recorded in LOK-ADALAT avoiding court litigation.
And also please let me know the future consequences such as.. any of the party approaching court challenging the 'Nullification of marriage".
Regards,
 


Learning

 4 Replies

giri nivarthi rao yadav (lawyer)     14 September 2008

nullification of marriage is possible.If both parties jointly file a memo and seek divorce from lok-adalath,it will be final,and binding on them.There shoud be an extra ordinary reason according to the act to seek nullity of marriage within one year and the court should satisfy before passes its order.




 


No-one can aproach the court aginst the order of lok-adalath.




 


giri nivarthi rao yadav




 


advocate




 


girinivarthiraoyadav@yahoo.com




 


9849268834/9985117714

Rajesh Kumar (Advocate)     14 September 2008

I differ from my learned friend.


Marital dispute cannot be a subject matter of arbitration as it is exclusively excluded. No private contract can supercede legal provision. Further marriage can be nullified only after order of a competent court.

Ram (RPO)     16 September 2008

Dear Rajesh kumar


with utmost thanks to your reply...Pls let me know the basis/authentication for the below sentence you have mentioned.


'Marital dispute cannot be a subject matter of arbitration as it is exclusively excluded'.


awaiting reply


Ram 

Rajesh Kumar (Advocate)     18 September 2008

Guest is right. Section 2 of the Arbitration and Conciliation act specifically save the exclusion clause of other laws. Certain disputes like marital, insolvency etc. are excluded as per those laws.


However, the definition of arbitration agreement under Section 7 is wide enough to carry not only contractual relationship but even any other relationship. Thus unless until specific exclusion clause is not there, arbitration is applicable.


PS to guest: It is irrelevant if i am married, divorced or engaged in any proceeding. None of these situations changes the position of law. As far as i am concerned, i am very happy with my life- getting jealous? 


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