lok adalt award-stay of EP
Querist :
Anonymous
(Querist) 05 February 2010
This query is : Resolved
DEAR LEARNED COUNCIL!
I got a divorce in 2005 and we had a female child aged 9 years at that time.We made certain terms of compromise regarding the child welfare in Lok adalat.Both divorce and terms of compromise are obtained by Lok adalat award in 2005.According to the award the mother[ex wife] will act as guardian to the child and i should look after the education and marriage expenditure of the child and the child should be put in a residential school.But after the award the child refused to stay in hostel and staying with the mother.Subsequently my ex wife got married and had children.Due to negligence and cruelty my child reached me and staying with me since then.The mother also did not questioned at that time.I am looking after the child with care and affection.Now my ex wife filed an EP in a family court,against me ,stating that i voilated the terms of compromise.But i got enough documents that the child is neglected and harrased by her.I filed a GWOP u/s39and 25[read with 10]of GW ACT.It was numbered and being in trial.Subsequently I also filed a stay petition undr order 21,rule 26 and 29 ofcpc.But the learned judge expressing inability to grant stay of EP.Can it be possible to grant stay in family court.Can u suggest any citation regarding this.
s.subramanian
(Expert) 24 August 2010
yes. family court can grant stay.
