Practicing Success
Practicing Success
CUET Preparation Today
Read the passage and answer the question below : Case Study Sadhna a comporate lawyer is married to Ashish an IAS officer with the government of India. Both had a happy marriage for almost three years when Ashish started behaving poorly with Sadhna. His temper tantrums were becoming often. This was also a period when Sadhna was travelling outside the country for arbitration proceedings between her client M. Pharma (an Indian company) and the opposite party Xylum Pharmacuticals INC (incorporated in the United Kingdom having a subsidiary in India) The award for such an arbitration was to be enforced in India. Sadhna had wrapped up the arbitration and had come back to India, when she realised Ashish's employment was terminated because of some bribery charges against him and also a sexual harassment complaint by one of his junior colleagues Ms. Pari Sahwney. While Ashish wanted to pursue his matter in the court of law, Sadhna wanted to file a divorce while their matter of divorce was still pending in the court of law, to fasten the matters Sadhna & Ashish filed their case at an alternative forum. Sadhna knew that the court will refund their court fee in case their dispute in resolved by this alternative forum. On the other hand, a case of bribery was also filed against Ashish by Mr. Khanna who had conducted this sting operation at Ashishs office. |
There is an 'alternative forum' where Sadhna & Ashish have filed their divorce petition. Identify it : (1) Administrative tribunal (2) Lokayukta (3) Mediation (4) Lok Adalat |
1 2 3 4 |
4 |
| A Lok Adalat has jurisdiction to settle any matter pending before any court, as well as matters at pre-litigative stage, i.e. disputes which have not yet been formally instituted in any Court of Law. Such matters may be in the nature of civil or non- compoundable criminal disputes. The salient features of Lok Adalat are participation, accommodation, fairness, voluntariness, neighbourliness, transparency, efficiency and lack of animosity. The benefits of Lok Adalat include: a. There is no court fee and even if the case is already filed in the regular court, the 2 fee paid will be refunded if the dispute is settled at the Lok Adalat. b. There is no strict application of the procedural laws and the disputing parties can 2 directly interact with the judges. c. The decision of Lok Adalat is binding on the parties and its order is capable of 2 execution through legal process. |
