lok adalat award
raj
(Querist) 08 February 2010
This query is : Resolved
dear learned counsel!
Thank you very much to all of you for your expert opinions in my previous post.Kindly consider my another plea.Can i get stay on EP in family court against a lok adalat award,in which the welfare of the child is involved.I got enough documentary evidences regarding the negligence of my child in the guardianship of my ex wife.I filed a GWOP with all evidences for change of guardianship.It was posted for hearing in the month of june2010.I also filed a stay petition in the family court pleading to combine both EP and GWOP.[under order 21,rule 26 and 29 of cpc].But the honourable court is expressing inability to grant stay on EP.Please advice me sir
Raj Kumar Makkad
(Expert) 08 February 2010
Executing court cannot go behind the impugned decree to be executed and no developments taken place after passing of such decree can be taken into its consideration so you have left with option only to file an appeal before the further appellate court and bring all the facts in such pleading and should obtain stay order therefrom rather from the executing court.
Parveen Kr. Aggarwal
(Expert) 08 February 2010
Section 32 of the Guardians and Wards Act, 1890 permits variation of orders by providing that "Where a guardian of the property of a ward has been appointed or declared by the court and such guardian is not the Collector, the court may, from, time to time, by order, define, restrict or extend his powers with respect to the property of the ward in such manner and to such extent as it may consider to be for the advantage of the ward and consistent with the law to which the ward is subject".
So, there is no need to challenge the previous order by filing an appeal only. Your application before the Family Court under the Guardians and Wards Act is maintainable and upon adducing evidence proving negligence of child by your divorced wife, you may get the previous order altered as the paramount consideration in proceedings under the Act is the welfare of the child.
raj
(Querist) 09 February 2010
Thank you makkadji and parveenji for your kind advice.Can I have any citation regarding this,Parveenji
