Can decree given by Lok Adalat be challanged?

My soon-to-be ex-wife has asked humongous amount of alimony to settle all the cases once & for all. I am supposed to produce money by 16 April. Judge has told that if I am not able to get the money by 16th, he is willing to give 17/18/19 as the next date as per need. Time which might be needed to arrange money, create FD for my kid etc. He said once the money is give to her, he will waive off the 6 months & give the decree same day. Now there is going to be Lok Adalat on 22 April. I am just wondering what should I do, Should get the decree on 16th (assuming money is arranged by then) and get this done. Or should I get the decree from Lok Adalat. I have heard that Lok Adalat judgement are not challengeable while the decree given by normal session court judge is challengeable. (Mutual Consent divorce 13B) Point is I am worried that after getting money, my (soon to be ex) wife can re-appeal & create more problems. Does decree given by judge is also NOT challengeable ?

Answers (3)

87 votes

Regarding your query, pertaining to the finality of a lok adalat decree. It's given here under.

Chapter-VI of Legal Aervices Authorities Act, deals with Lok adalat. Section 21(2) of said Act makes it crystal clear which read as:
"Every award made by Lok Adalat shall be final and binding on all the parties to the dispute and no appeal shall lie to any court against the award."

This was passed by the Supreme Court in a relevant judgment as well.

However your trouble arises whether your wife will file an appeal. As I can understand, you are paying an amount to your wife which has been accepted by her and agreed upon by her. Once you have appeared before court on 16th, it is necessary that it is recorded that your wife with her own acceptance will not file any appeal relating to alimony at any further stage with her own consent. She will be bound down by her statement before court. So you need not go to lok adalat.

However, if you have extensive clarifications, you can reach out.

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273 votes

Firstly Lok Adalat is not a part of the court.It forms part of the Alternate Dispute Resolution Mechanism(ADR) like mediation,conciliation,arbitration,Judicial Intervention being the other forms of ADR mechanism.The Court will refer both the parties to the Lok Adalat to reach an amicable settlement. The terms of the settlement agreement will be crystalized before the Lok Adalat .Once the matter is settled there, the matter would again be sent to the court with the settlement agreement signed by both the parties.The court will record the joint statements of both the parties under section 13-B(1) of the Hindu Marriage Act,1955 (First Motion).
Subsequently after the first motion is allowed under section 13-B(1) of the Hindu Marriage Act,1955, the parties would have to file a joint application under section 151 of the Code of Civil Procesure,1908, for waiver of statutory period of 6 months. The application should fulfill pre-requisites as mentioned in the Hon’ble Supreme Court judgment.
Once the court allows the application for waiver of 6 months period, both the parties can proceed with recording of joint statements under section 13-B(2) of the Hindu Marriage Act,1955.After recording the joint statements(second motion), the court will pronounce a judgment and pass a decree of divorce.
NOTE:- It is the court which has the power to grant a divorce decree and not the Lok Adalat.Such a decree of divorce by mutual consent under section 13-B of the Hindu Marriage Act,1955 is not an appeallable decree being a consent decree.

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130 votes

In mutual divorce, no once can force you to do anything, i.e. pay an ex amount to your wife.

if you want court decree only, the same will be passed only when you have placed relevant documents in order to prove that you have given that ex amount in the name of your wife and kid.

Lok adalat award cannot be challenged as the same are passed after the consent of both the parties.

Decree passed by a court can be challenged subject to the limitation period. every court has its own limitation to challenge a decree.

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