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Nonattendance in lok adalat after 3 months in compromise of 498a case
30-Jul-2023 (In Family Law)
Me and my wife compromised in 498a case which was filled on me and 5 of my family members. It was referred to lok adalat. on first day at lok adalat, she told that we both compromised and there is no abjection to close the case on us. And also she told to magistrate that settlement amount was received. Magistrate told that as per rules, she needs to attend lok adalat again after 3 months (on 06/10/2018) to tell the same to close the case. On next day, section 13(1)(ia) divorce petition which was filed by me 2 years ago was amended/converted to MCD section 13(b) and we both got mutual consent divorce. All the settlement amount was paid to them and articles were returned. My questions are, What will happen if she will not attend lok adalat after 3 months? What is the step we should take if she will not attend? Advise me if anything other than above questions.
During the recording of the statements by the court, if it has been recorded by the court that a case under section 498a is pending before another court and the same shall be withdrawn or disposed off as settled in terms of the divorce by mutual consent granted, then in such a situation a copy of the order is sent to the Lok Adalat (if mentioned by the court). On the given date of hearing the Lok Adalat may proceed to dispose off the case.
In any eventuality if the Lok Adalat is not aware of the order or the Wife does not appear before the Lok Adalat, then a notice of appearance is issued by the Lok Adalat.
If you are also a party to the proceedings before the Lok Adalat, then you may inform the Lok Adalat regarding the settlement.
In any eventuality if the Lok Adalat is not aware of the order or the Wife does not appear before the Lok Adalat, then a notice of appearance is issued by the Lok Adalat.
If you are also a party to the proceedings before the Lok Adalat, then you may inform the Lok Adalat regarding the settlement.
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Adv. A. Shivani
Hyderabad | 25+ Answers
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She must attend and give her consent in mutual to leave you otherwise you have to fight the whole case again. Atleast you have the proof that you paid the amount, check if the same is recorded on case docket by magistrate.
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Adv. M Krishna Chaitanya
Hyderabad | 100+ Answers
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Yogesh Bhosale
Does lok Adalat have jurisdiction on 498a,506,and 3:4 of DP Act if mutual divorce is already granted and payment is also made as agreed .
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