How to file a case through lok adalat?


I want to file a family property case. I want to take it to court but other party wants to go to Lok Adalat. How will Lok Adalat handle it?

Answer

If you want to take the matter to court, then the other party cannot take it to the Lok Adalat without your consent. An important factor considered while deciding the cases at the Lok Adalat is the consent of both the parties. It can not be forced on any party that the matter has to be decided by the Lok Adalat. However, once the parties agree that the matter has to be decided by the Lok Adalat, then any party cannot walk away from the decision of the Lok Adalat.
 
In many cases, the Supreme Court has held that in the absence of consent of either party, the award of the Lok Adalat is not executable.
 
The working of a Lok Adalat is very simple. It is presided over by a sitting or retired judicial officer as the chairman, with two other members, usually a lawyer and a social worker.
 
A Lok Adalat has the jurisdiction to settle, by way of compromise between the parties, any matter which may be pending before any court, as well as disputes which have not yet been formally instituted in any Court of Law.
 
Such matters may be civil or criminal in nature, but any matter relating to an offence that is not compoundable under any law cannot be decided by the Lok Adalat even if the parties involved therein agree to settle the same.
 
Any party to a dispute can move an application to the court where their matter may be pending, or even at pre-litigative stage, for such matter being taken up in the Lok Adalat where the Lok Adalat Bench constituted for the purpose shall attempt to resolve the dispute by helping the parties to arrive at an amicable solution. The award passed by the Lok Adalat shall be final which has as much force as a decree of a Civil Court obtained after due contest.

For further details on Lok Adalat please refer to http://lawrato.com/indian-kanoon/civil-law/lok-adalats-in-india-641
 


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