can we move to lok-adalat in divorce case?

Self employeed

 

Hi All,
 
Bitter half filed  498A, MC cases at her hometown. And their advocate referred the matter to LOKADALAT in MC case but that stupid  advocate is not preparing the terms and conditions properly.
 
We filed divorce case in my home town. Can we move the divorce case to LOKADALAT,  where I can execute the terms and conditions properly for 498A, MC and divorce cases?
 
Thanks,
Masthan
 
Reply   
 
Senior Partner

@ Author

1.
No.
Reasoning:
- Discuss politely and or with reasoning with wife and her side's men and agent, matters can always come to amicable settlement with prudent discussions and if one finger is pointed then same allegations they may put on your side about “terms of settlements in your home turf”.
- Let some outcome be announced from first forum where few matters already sent then only second forum as per Rules can be approached only if there is a scope / allowed as per Law as the then facts may be.
- Or refuse meeting her and her side at her home turf's Lok Adalat settlement if you are so confident that after refusal she will come to your home base as per your convenience on your terms and conditions draft note.  

 
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senior civil judge CUM ADMINISTRATIVE OFFICER

no divorce in lok adalat

 
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Senior Partner

Originally posted by :v.sreenivas sivaram
"
no divorce in lok adalat
"

 

Uff oh, I am aware Lok Adalat has no jurisdiction to decide a divorce petition. All that Lok Adalat has power to do is to help the parties to come to terms, record their statements as regards their decision to dissolve the marriage by mutual consent and do all other necessary act in this direction including MC and crl. cases. However, after recording settlement, the case has to be referred back to competent court and only Court has power to dissolve marriage by decree in divorce.


That is why I advised him to atelast see some settlement happens in first forum then he has options what next to do and I never said or wrote that at Lok Adalat divorce will happen !

 
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Legal Evangelist - TRIPAKSHA

The terms of MCD can be decided in lok adalat.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
 
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LEGAL PRACTIONER

Don"t abuse advocates. They only acts according to the instruction of  their clients in accordence with law. Any how u are rightly answered by the learned friends. 

 
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Self employeed

Hi all,

Thanks for all your valuable suggestions.

 

Sivaprasad,  my words will hurt defintiely for any advocate but this is fact.  In 99% of the cases advocates are the one who are dragging the cases for years and years. Advocates are playing key role in increasing the number of pending cases in all level of courts.

I know advocates who are geneinuie but 99% advocates that I met are people like who drag the matters for years and years just for the sake of their survival.

 

-Masthan

 
Reply   
 

Originally posted by :MASTHAN
"
Hi all,

Thanks for all your valuable suggestions.

 

Sivaprasad,  my words will hurt defintiely for any advocate but this is fact.  In 99% of the cases advocates are the one who are dragging the cases for years and years. Advocates are playing key role in increasing the number of pending cases in all level of courts.

I know advocates who are geneinuie but 99% advocates that I met are people like who drag the matters for years and years just for the sake of their survival.

 

-Masthan
"

Dear!

Its bread & butter for these advocates, they do not roam about for preeching...................its upto the warring couple to get out of this loop & solve the matter amicably in either way!

Lok-Adalat is definitely a better way to end the matter quicky & its cheapest one!

 
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