Prasad K (Engineer) 06 March 2009

Divorce from Lok Adalat

Hello experts,

I had filed a petition for divorce in 2005, when she left me after 2 months of marriage. After nearly 4 years and 7 different cases filed by my wife, including 498A and Domestic Violence, she has finally decided that I have been harrassed enough and settled for a lumpsum payment. All the cases (except 498A) have been 'referred' to Lok Adalat from the respective courts. (Magistrate court and Sub-Court).

I have been told that the Lok Adalat can close the other cases (DV Act, Maintenance, RCR etc), and also order a 'mutual divorce' on the divorce petition that I had filed.

My questions:

1. Can the Lok Adalat pass orders for discharging the following cases - 125 (maintenance), 128 (execution of maintenance), DV Act, Restitution of Conjugal Rights or would they be sent back to the respective courts for the actual execution of the order.

2. I am only aware of the Mutual Consent Petition (13B). Could someone please explain how a 'mutual consent' order be passed on a one-sided divorce petition?

3. Is this order from Lok Adalat binding?

4. Is it better/safer (to prevent future lawsuits) to go for a mutual consent petition instead?

Thanks in advance for the help. In this final stage I do not want to get duped again, Please help.

- Prasad.

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4 Replies

N.K.Assumi (Advocate) 06 March 2009

Reading section 22A of the Legal services authority Act 1987, I am of the view that the answer will be in negative. section 22A reads as under:-

Section 22A-In this Chapter and for the purpose of section 22 and 23, unless the context otherwise requires,-

(a) Permanent Lok adalat

(b) Public utility service means any-

(i) transport service for the carriage of pssengers or goods by air,road or water,or

(ii) Postal,telegraph or telophone service,or

(iii) supply of power,light or water to the public by any establishment,or

(iv) system of public conservancy or sanitation;or

(v) service in hospital or dispensary;or

(vi) insurance service.

PALNITKAR V.V. (Lawyer) 06 March 2009

I would like to differ with Mr. Assumi. Section 22A is applicable to only Pre litigation matters. Mr. Prasad's matters are already pending in courts. In my opinion the Lok adalats can decide the matters relating to maintenance, restitution of conjugal rights etc and the awards have force of decree as provided u/s 21 of the Legal Services Authorities Act.