lok adalat award
raj
(Querist) 06 February 2010
This query is : Resolved
dear learned counsel!
An EP is pending against me in the family court.In 2005,my ex wife and me made certain terms of compromise regarding our female child through lok adalat award,according to which my ex wife act as guardian to my child.But later due to change of circumstances,my child is living with me.After 4 years my ex wife filed an EP in the family court.I too filed a GWOP in the same court for change of guardian ship and it was accepted by the court.Can i get stay orders in EP in the family court.Please advice.
R.R. KRISHNAA
(Expert) 06 February 2010
Since your application for guardianship has been accepted the court, the EP proceedings initiated by your wife has become infructuous.
You can file the guardianship order before the EP court and request the EP court to declare the EP proceedings as infructuous.
Raj Kumar Makkad
(Expert) 06 February 2010
Submit the copy of order decided in your favour in the execution petition which shall be dismissed being not maintainable.
raj
(Querist) 06 February 2010
Dear learned counsel!
Thank you very much for your expert advice.I filed GWOP after filing of EP against me and the same is due for hearing in he month of june 2010.Simultaneously I also filed a stay petition under order 21,rule 26 and 29 of CPC.But the honourable court expressing inability to grant the same as it was lok adalat award.Is there any procedure to submit my plea before the honourable court?please advice.
