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Ananda   26 September 2023

Daily lok adalat

Dear Experts,

1) I read that Regular Lok Adalats are held daily or continuously, but no one in the legal services department is confirming it (they tell it is announced when it is held once in few months). Since there is a mutual agreement, I want to settle this in a daily/regular lok adalat quickly.

2) Second, is a Lok Adalat child custody award recognized or honored by officials internationally (say during Travel).

Thanks in advance,

A



Learning

 4 Replies

P. Venu (Advocate)     26 September 2023

Litigants have the discretion to get the matters settled through mediation as well through agreement among the parties. The consent is required to be filed before the Court and, if found to be lawful, the Court would grant  a Decree incorporating the consent and its  terms.

T. Kalaiselvan, Advocate (Advocate)     27 September 2023

The matters referred  to lok adalat for reconciliation would be taken up by the district legal services authorities on daily basis too.

You can give a complaiont to the DLSA directly also without going to court.

The child custody cases decided by the lok adalat has to be confirmed by regular court with a decree and judgment only then it will be valid especially if you intend to take your child abroad. 

 

Dr. J C Vashista (Advocate )     28 September 2023

Whether your case has been referred to daily Lok Adalat ?

Did you seek opinion of your lawyer or check concerned court records before posting this query ?

LCI Thought Leader Sanjeev Duggal Advocate   22 December 2023

a) NALSA and other Legal Services Institutions conduct Lok Adalats, an alternative dispute redressal mechanism. They have statutory status under the Legal Services Authorities Act, 1987, and are final and binding on all parties. If parties are not satisfied with the Lok Adalat, they can initiate litigation by filing a case in the appropriate jurisdiction.

On a single day, Lok Adalats are held in every court in the nation, from the Supreme Court down to the Taluk Levels, during National Level Lok Adalats, which are held on a regular basis and where many issues are resolved. National Lok Adalats on a particular topic are held every month as of February 2015.

Each bench of the Lok Adalat would be composed of a sitting or retired judge, a member of the legal profession, a social worker interested in the implementation of legal services schemes or programs, or a person involved in paralegal activities in the area, preferably a woman. The Secretary of the District Legal Services Authority organizing the Lok Adalat would create the benches.

The Permanent Lok Adalat, established in accordance with Section 22-B of The Legal Services Authorities Act, 1987, is the alternative type of Lok Adalat. In order to provide a mandatory pre-litigative framework for the conciliation and settlement of matters connected to Public Utility Services like transportation, postal service, telegraph, etc., Permanent Lok Adalats have been established as permanent bodies with a chairman and two members. In this case, even if the parties are unable to come to an agreement, the Permanent Lok Adalat will have jurisdiction to resolve the conflict as long as it is unrelated to a criminal offense. The Permanent Lok Adalat's decision is also final and enforceable against all parties.

In order to facilitate the resolution of conflicts through this process, mobile Lok Adalats are also created around the nation and move from one area to another to resolve disputes.

b) The court has the authority to postpone the case to allow for this resolution. The Family Courts Act of 1984, which addresses issues like restitution of conjugal rights, judicial separation, nullity of marriage, legitimacy of children, maintenance, guardianship, custody of children, and inter se property rights of spouses, marks a very significant beginning in the area of matrimonial litigation. The presiding judge is required by this Act to make every effort to help and urge the parties to reach a settlement of the action or other proceeding.


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