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Can lok adalat pass annulment/divorce decree without the consent of both parties?

Querist : Anonymous (Querist) 27 February 2011 This query is : Resolved 
I have been contesting annulment/divorce petition filed by wife on ground of my impotency, also have filed RCR. The counseling failed and her evidence session is going on. On last date some how she submitted virginity test certificate and asked for mediation for settlement. The judge referred the annulment petition for settlement and RCR petition for lok adalath. So, does lok adalath have power to grant annulment/divorce or force any settlement without the consent of both parties? Family courts refer cases to lok adalath or permanent lok adalath? What if I am not appearing before lok adalth and want to decide the caes on merit in court?
Arvind Singh Chauhan (Expert) 27 February 2011
Lok adalat can't do so but you should not be absent. you should appear and should pray to decide on merit.
Devajyoti Barman (Expert) 27 February 2011
Lok Adalat can not pass any order unless both the contesting parties give consent to it. In other words the Lok Adalat can not decide a case on merit and on contest. So you simply disagree on the proposal and the case would be sent back to the court again.
Advocate Bhartesh goyal (Expert) 28 February 2011
Yes,Mr Barman is right.
Sachin Bhatia (Expert) 28 February 2011
agree with Mr.Barman
Sarvesh Kumar Sharma Advocate (Expert) 28 February 2011
concent of both party is nessesory ingridient in the judgment of LOK ADALAT.
however reperesentetives apperence can count .
Uma parameswaran (Expert) 28 February 2011
You can seek direction to send the case to court.
Kirti Kar Tripathi (Expert) 01 March 2011
Lok Adalat can give judgment only on the basis of consent of parties. It can not adjudicate the disputes on merit.
Ms.Usha Kapoor (Expert) 17 June 2018
I agree with Divya Jyoti barman.


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