Aippearance before Legal Aid Commitee during pendency Applic
Querist :
Anonymous
(Querist) 10 July 2010
This query is : Resolved
Dear Sir,
Please guide me on the following
My brother wife has left the matrimonial house and later threatened my brother to implicate in false cases if her demands her not met by sending legal notice to him
My brother has filed the Application under section 9 of Hindu Marriage Act seeking decree for restitution of conjugal rights when all of the conciliatory efforts have been failed by him
The District Court has served the summon to my bother's wife to appear before the court which will be scheduled to be held after 2-3 months
My Bother wife has approached before the Legal Services Committee for legal aid who have served the letter to my bother that his wife wants to settle the dispute with him and asked him to appear before the committee
My queries are:
1 Whether he should appear before the committee during the pendency of the Application before the District Court?
2 Will it harm if he would not appear before the committee?
3 What will be the surety that she will not deserted him again if she is now ready to settle the dispute outside the court?
4 What will affect on the case if he voluntarily failed to appear before the committee? and whether he will not get the decree?
Regards
Waiting for your reply at earliest
Reagrds
Devajyoti Barman
(Expert) 10 July 2010
Please note it that there is no binding effect of Lok Adalat unless your brother appears before it and goes for a settlement. However he is bound to appear before it any way.
If he appears and goes for a compromise then the suit for restitution will also get transferred to it and the Committee will pass an award which will have binding effect on both the parties.
Querist :
Anonymous
(Querist) 10 July 2010
Dear Sir,
Thanks for message,Please inform whether he is bound to appear before the Legal service Committee?
Since the matter is already pending before the District Court and my brother wife already received the summon from the District court and she has approached Legal Service Committee for Legal Aid
What will be the effect if my brother doesn't appear before the Legal Service Committee ?
Regards