Ram (RPO) 04 September 2008
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?