legal advice in matrimonial cases

538 votes

The Domestic Violence (DVC) order already passed by the trial court does not get automatically set aside merely because the parties agree for a compromise. Since you have already challenged the said order in appeal before the Sessions Court and the appeal is still pending, any lawful settlement has to be placed before the appellate court. Lok Adalat can record a compromise only when both parties voluntarily consent to settle the dispute. Once such compromise is duly recorded in Lok Adalat, the appellate court can dispose of the pending appeal in terms of the compromise petition. Thereafter, the original DVC order can be treated as settled and no longer enforceable, subject to the terms of the compromise. In simple terms, Lok Adalat cannot independently cancel or set aside the earlier DVC order. The correct procedure is: 1. File a joint compromise petition before the appellate court. 2. Request the appeal to be referred to Lok Adalat for recording the settlement. 3. Upon recording compromise, the appellate court will close the appeal in terms of the settlement, thereby rendering the earlier DVC order ineffective. Proceed only after ensuring the settlement terms are comprehensive, legally enforceable, and protect your rights. Once the compromise is recorded and the appeal is disposed, no further claim under the earlier DVC order can be executed.

Advocate Pavani Kumari LawRato

920 votes

based on lokadalat the cases are not cancelled you can ask the lokadalat bench to direct the session court to dispose the case in session court by mutual consent, as such you can dispose your case. so that there won't be any problem in near future.

Advocate Katla Vijaykumar LawRato

990 votes

According to your question the order will be set aside by the session court, the sessions court has a power to interfere, set aside and modify the order passed by the magistrate court. And the parties fully have right to settle the matter of court also, basing on the said out of court settlement the also consider both parties circumstances and pass orders. And the same also you can settle in the Lok adalath. If need I will assist you

Advocate Rajesh Kongali LawRato

644 votes

if you want to compromise the matter you can compromise the matter it's up to you if you want to contest contest the matter if you want to contest in Lower court you have to find set a side petition where the order of DvC was passed and and contest the matter in Lower court my filing set a side petition by writing the reason that you could not contest the case

Advocate Devender Ponnala LawRato