Clarification regard mutual divorce (13B) decreed by Lok Adalat


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 (2)


242 votes

Yes Judgement passed by lok adalat not challengeble by appeal in any court.and Judgement passed by family Court is challengeble by appeal. But the Judgement and decree passed by the family Court u/s 13(b) by way of mutual consent is binding on both the parties.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

156 votes

At the outset let me clear you that decree passed under sec.13-B of Hindu Marriage Act is challengeable on the premise that if such decree is obtained by virtue of Fraud, Force and Undue influence, if passed by Judge of Family Court or District Judge having jurisdiction to hear and decide such cases. Kindly go through the Section 23(1)(bb) of the Hindu Marriage Act which makes the above discussion quite clear. Section 28 of the Hindu Marriage Act pertains to provisions of appealable decrees. It would be better to go for Lok Adalat Award rather normal decree by District Judge.

Popular Family Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
16 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

Respected sir /mam I divorced my husband in 2013 and got custudy of my two year old daughter and I want to change my daughter's father name on her…

Read More

I want suggestions... My friend XYZ is married. Nw 6 mnth later.,her husband remarried to someone mistakelly.....nw he is feeling guilty n want to sol…

Read More

I got married in Feb-2018 and recently came to know that my wife is already married previously (since May-2009) and not divorced yet. I was completely…

Read More

I WAS MARRIED WITH A GIRL IN JAN.,2016 AS PER HINDU RITI AFTER OUR MARRIAGE MY WIFE HAMESHA MUJHSE AUR MERE PARENTS SE JHAGRA KARKE APNE PARENTS KO BU…

Read More