Settelement in lokadalat for maintanace & divorce
AMSARAJ.J
(Querist) 24 June 2015
This query is : Resolved
Respected Sirs,
After 15 years of separation ,me and my wife agreed to settle all our cases in lokadalat (13.6.15) in chidambaram JM court. Accordingly I settled lumsum amount
to her and child to close the dv act case in JM Cout,chidambaram and she agreed to give mutual concent divorce and petition also filed in sub-court,chidambaram on the
settelement date itself(18.6.15) and in addition to that pettion,another petition under sec 151 of cpc for despensing for 6 months period,since both of us are living separately from 2001 and moreover settelement are over in the lokadalat.
Based on my petition,judge also ready to give divorce order, but in the mean time
last week,during inspection by court,district judge ordered the sub court judge to keep my divorce pettion pending till 6 months period is over.
Eventhough ,I setteled the money, Why I wait for another 6 months.Shall I move to high court on this issue,if possible,how to proceed.
Advocate M.Bhadra
(Expert) 24 June 2015
Lokadalat is a settlement Forum they have no jurisdiction to try and entertain the maintenance and divorce matters. Cooling period is six months for MCD, but it may beyond six months then file an application for early disposal of the Mutual Consent Divorce Suit in the same court. If you have personal hardship and being failing which you can file a revision petition under article 227 of the Indian Constitution in High Court for expedite order.
Nadeem Qureshi
(Expert) 25 June 2015
first of all file an application before the court where the matter is pending under section 14 of Hindu marriage Act read with section 151 of CPC and pray for wived of the Cooling period of Six months due to exceptional hardship.
if the trial court dismissed your application then file the appeal/Revision before the High Court against the order and the high court may pass an order in your favour.
Feel free to Call
R.K Nanda
(Expert) 25 June 2015
no more to add.
