Lok adalat for child custody and visiting right

ks (Querist) 14 October 2016 This query is : Resolved
My cousin has filed for child custody and interim visiting rights till the pendancy of the case, 4 months ago in Ahmedabad. Till date respondent did not file their response and mere counselling at lawyers' level done having no result. During last hearing Judge transferred the case to Lok Adalat with the consent of both the parties lawyers.

Now the question is :

Lok adalat will do only counselling or they can pass order on the application of interim visitation right (for the welfare of the child) even if one party doesn't agree for the terms ?

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D.S.RAMESH (Expert) 14 October 2016
If both the parties accepted then only they can pass orders. Otherwise not. The matter simply return to court.

Guest (Expert) 14 October 2016
Lok Adalat will work as facilitation mediator, while final outcome depends only on mutual consent with mutually accepted conditions.

Kumar Doab (Expert) 14 October 2016
The reference is an opportunity.

Mutual consent may be applied.

Rajendra K Goyal (Expert) 14 October 2016
Well advised, agree with the experts.

Ms.Usha Kapoor (Expert) 15 October 2016
Agree with experts.

ks (Querist) 20 October 2016
Thanks everyone for guidance.

Want to know one more thing.

Do Lok Adalats make minutes of meeting ? Record both parties' statements ? And even if they don't agree, they note the points on which they agreed and on which they didn't agree ?

And do they submit their report to regular courts ?

Guest (Expert) 20 October 2016
It is not just heard and lost.

Kumar Doab (Expert) 20 October 2016
Settlement is termination of legal proceedings by mutual consent.

Proceedings are recorded.

ks (Querist) 20 October 2016
@Dhingra Sir : Request you to pls elaborate. Do they submit their report to Regular courts even if parties don't settle ?

@Kumar Sir : Main concern is whether they can ask respondents for written response (Respondent has not even filed their response in regular court) ? And if settlement doesnt happen, that response goes to regular court ?

Guest (Expert) 20 October 2016
Kumar has already clarified.

Rajendra K Goyal (Expert) 21 October 2016
Proceedings record is kept properly.

Kumar Doab (Expert) 21 October 2016
Rest check with your own counsel and o/o Lok Adalat.

ks (Querist) 08 November 2016
@ Kumar Sir,

My cousin checked with his lawyer and he said that if there is no settlement, no record or discussion goes to regular court.

Apart from that he also checked with the writer / assistant of the Judge who also said the same thing.

Ms.Usha Kapoor (Expert) 09 November 2016
Agree with experts.

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