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Clarification regard mutual divorce (13B) decreed by Lok Adalat
09-Apr-2023 (In Family Law)
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 ?
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.
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Adv. Abhishek Pareek
Jaipur | 25+ Answers
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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.
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Adv. Ajeet Kumar Sharma
Jaipur | 25+ Answers
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