LOK ADALAT DECREE - CHANGED CIRCUMSTANCES
raj
(Querist) 20 September 2009
This query is : Resolved
dear learned counsel!
We got a divorce decree in lok adalat in the year 2005.According to the award our daughter should be joined in a residential school and the mother will act as guardian of the child.The very next day we went to the school but the school authorities denied childs admission as it was the middle of the year.They advised to come at the beginning of next academic year,so the mother took the child with her.After some time the child reached me due to changed circumstances.I had documentary evidence in that regard.After 4 years my ex wife filed an Execution Petition,stating that i willfully avoided the terms in the decree.Can i argue that i had already executed the award?Moreover she did not mentioned any evidence in support of her petition.Please advice.riven
deepak kumar
(Expert) 20 September 2009
do u have any proof that u tried to get her admitted at the begining of next session and if she was with her mother then as soon as the girl started living with uriven
Kiran Kumar
(Expert) 20 September 2009
if u r having sufficient documentary proof in this regard then u can proceed without any fear.
u can file necessary objection in the execution petition.riven
Bhumik Dave
(Expert) 21 September 2009
I think mr. Is Kiran rightriven
Sarvesh Kumar Sharma Advocate
(Expert) 21 September 2009
yes, mr. Is Kiran right
in change circumstances lok adalat's judgement become revive.
i willsend u suprem court case law regarding this matter to day late evening.riven
Sarvesh Kumar Sharma Advocate
(Expert) 22 September 2009
where even matter r settled in lok adalat , the court should prospect the intrests minor .
Manju gupta v national insurance co.ltd.,ACJ1036 allriven
adv. rajeev ( rajoo )
(Expert) 21 September 2009
