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Lok Adalat award voilated by Appeal, does ground to contest exist
16-Jul-2023 (In Divorce Law)
My case started with 498a, MC from my ex wife. I had to build 4 cases. After fighting for 3years in family court, she came forward to compromise all cases excluding divorce. 1. 498a was closed as hostile and compromised. 2. MC was closed by paying Rs5lk to the son and nothing to her as she is self sufficient. 3. Child Guarding case was not press. 4. London property mortgage share amount case was not press 5. London property Sale was agreed in Lok Adalat with petitioner paying Rs10lakhs and respondent signing papers within 2 months. In violation, anyone can go for EP. One of the point in award reads as "4. Both the parties agreed to not to file any other cases or appeals against each other, i.e. both Civil and Criminal" on Feb 11, 2017. She signed on April 22, 2017 6. Divorce obtained on May 30, 2017. 7. She went for Divorce appeal in High Court on 15th June and also obtained second marriage stay order. Did she violated the Lok Adalat Award? Do I have a ground to contest?
Dear Client,
Whether Lok Adalat compromise award covered the Divorce case, if not what is the wrong in went in appeal against divorce to High Court and obtaining stay of second marriage.
Whether Lok Adalat compromise award covered the Divorce case, if not what is the wrong in went in appeal against divorce to High Court and obtaining stay of second marriage.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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The Lok Adalat will passes the award with the consent of the parties, therefore there is no need either to reconsider or review the matter again and again, as the award passed by the Lok Adalat shall be final. Even as under Section 96(3) of C.P.C. that "no appeal shall lie from a decree passed by the Court with the consent of the parties". The award of the Lok Adalat is an order by the Lok Adalat under the consent of the parties, and it shall be deemed to be a decree of the Civil Court, therefore an appeal shall not lie from the award of the Lok Adalat as under Section 96(3) C.P.C. Though decision of Lok Adalat is final and binding upon the parties to the dispute/case, it is also challengeable, but only on the ground of 'fraud' ( bias, fraud or other grounds which are not conscious, legally). On the other hand, award of a 'Permanent Lok adalat' (PLA) can be challenged by way of Writ petition before concerned high court. In your issue : your question tells that 3 cases have been settled/compromised out side court/Lok adalat. And the divorce case is awarded by Lok adalat.
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Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
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Dear Sir,
Yes. Your wife violated the award of the Lok Adalat. The award passed by Lok Adalat is the decision of the court itself though arrived at by the simpler method of the conciliation instead of the process of arguments in court. The effect is the same. The award of Lok Adalat is fictionally deemed to be decrees of courts and therefore the courts have all the powers in relation thereto as it has in relation to a decree passed by itself. The award of the Lok Adalat could not be equated with a decree as it only incorporates an agreement between the parties and that in case of violation of the agreement or the terms of the compromise recorded in the award, the parties would lose their right to get the same executed and compromise stood withdrawn. In your case, the view taken by the High Court (by adjudicatiing the appeal and granting stay order) totally defeats the object and purposes of the Legal Services Authorities Act and render the decision of the Lok Adalat meaningless. You need to vacate the stay order given by the appellate court and bring the true facts to the notice of the appellate court and seek to dismiss her appeal.
Yes. Your wife violated the award of the Lok Adalat. The award passed by Lok Adalat is the decision of the court itself though arrived at by the simpler method of the conciliation instead of the process of arguments in court. The effect is the same. The award of Lok Adalat is fictionally deemed to be decrees of courts and therefore the courts have all the powers in relation thereto as it has in relation to a decree passed by itself. The award of the Lok Adalat could not be equated with a decree as it only incorporates an agreement between the parties and that in case of violation of the agreement or the terms of the compromise recorded in the award, the parties would lose their right to get the same executed and compromise stood withdrawn. In your case, the view taken by the High Court (by adjudicatiing the appeal and granting stay order) totally defeats the object and purposes of the Legal Services Authorities Act and render the decision of the Lok Adalat meaningless. You need to vacate the stay order given by the appellate court and bring the true facts to the notice of the appellate court and seek to dismiss her appeal.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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In the event that the parties are unhappy with the Lok Adalat award, they can appeal it to the appropriate court by filing an action and following the necessary procedure.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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