Vivek (Clerk) 30 November 2015

Lok adalath in settling matrimonial disputes

Hi Team,

My wife had filed several criminal cases on my family and me.

Later through negotiations we decided to go for Lok Adalath for settlement.

There she mentioned she shall with draw all cases. We shall apply for divorce. In future no more cases shall be filed. Amount I have agreed to pay.

Lok Adalath petetion was submitted. In front of Magistrate all these we accepted and signed.

My question is

1. Can someone explain complete lok adalath process.

2. Is there a specific time period in lok adalath cases, before which we shall apply for divorce.

3.Can I apply for divorce or is it better to go for MCD.

4.What happens if she back tracks at this stage. I have already paid half the agreed amount.

Please suggest me

Regards

Vivek

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1 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 30 November 2015

Lok Adalat has no jurisdiction to decide a divorce petition. All that Lok Adalat has power to do is to help the parties to come to terms, record their statements as regards their decision to dissolve the marriage by mutual consent and do all other necessary act in this direction including MC and crl. cases. However, after recording settlement, the case has to be referred back to competent court and only Court has power to dissolve marriage by decree in divorce.

If UR wife is willing MCD is the best option.