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Shaik (business)     13 July 2023

Lok adalat judgement violation - possible?

Dear Sirs

I and my x wife settled matters related to dvc maintenance and one time full and final settlement by writing down terms and conditions

at Lok Adalat which was held recently. 

In terms and conditions -- half amount  paid during lok adalat and also agreed to receive remaining half only after getting divorce decree which was filed by her in the family court. this also indicated in the terms and conditions.  

I have certify copy of that lok adalat..

   1. My question is at this stage can she turn back from getting divorce and cause issues to me?

   2. Is there any time limitations for the lok adalat judgment validity?

   3. is there any thing that I need to worry even after this lok adalat?

I may request learned professionals  provide your valuable suggestions. 

Many thanks.

 



Learning

 4 Replies

Real Soul.... (LEGAL)     13 July 2023

.    1. My question is at this stage can she turn back from getting divorce and cause issues to me?  

If the statement is recorded and is on record signed by your wife then no,   but if she has not signed the statement then yes she can back off as in a Supreme court judgment  it was decided that the Lok adalat judgments are not binding. 

2. Is there any time limitations for the lok adalat judgment validity?  

Literally speaking no there is not 

 3. is there any thing that I need to worry even after this lok adalat? I may request learned professionals  provide your valuable suggestions. 

Yes until the divorce is not decreed you are still in fray so it is better to get the divorce decreed ASAP

 

P. Venu (Advocate)     13 July 2023

The facts posted are too sketchy to offer  any meaningful suggestion. Moreover, the query appears to be hypothetical with with no realtime issue.

Shaik (business)     13 July 2023

Dear Mr, P. Venu,

Don't mock others life problems, I am trying to find information.  Due to the fact that, data not possible to delete on this web page, I am hiding names, place and time. Even if I tell case number it's not possible to download lokadalat order copies online. If u r not related to this specialization give some opportunity to others, sincerely.

P. Venu (Advocate)     14 July 2023

This platform tries to provide valuable suggestions qua life problems faced by querists. Such an exercise requires that the querists provide material facts, pure and simple. And more importantly presumptions and assumptions are to be avoided.

As to your query, first of all, Adalat has no powers to pronounce Orders or Judgments. The Adalat passes only awards based on the settlement arrived among the parties. Of course, an Award could be executed as if it is a decree.

In the instant case you have not furnished even the bare information as to the dispute that was settled and the nature of the payment, allegedly, agreed to be paid and also, the terms and conditions of the said settlement.

Moreover, the statement "also agreed to receive remaining half only after getting divorce decree which was filed by her in the family court" is confusing. It appears that the wife has filed a petition in the family court. What is the status of the matter? Has it been decreed granting the divorce? If not, how could there be a settlement presupposing that a decree of divorce would be granted by the Court?

As such, the posting is too sketchy based on which no menaingful suggestion is possible.

So also, what are the  grounds for the issues raised by you? Is it that the settlement was no signed by wife and there is no award that passed lawfully in the due course? Or, is it that she has taken steps to get the settlement and the Award anulled?

In the absence of any such particulars, the queries posed are purely hypothetical.

In any professional consultation, it is elementary that party concerned ought to have furnished the complete and material facts and information and further clarifications, as and when sought.

Hence your pique is quite judgmental and too hasty.

Anyhow, I have no inclination to be part of this discussion any further.

 


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