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Asheef   12 January 2018

Divorce in Lok adalat

My brother had problem with wife and he send his wife to her house and she filed a case with Lok Adalat for reuniting and Lok Adalat send letter to my brother for appear in Lok Adalat and after discussion they agreed to divorce and his wife ask for compensation. My question is if the said amount is given in front of the Lok Adalat will he get divorce and how or do he had to go to a lawyer for divorce after paying the compensation. What will the Lok Adalat do. Do they do the mutual divorce or only the compensation


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 10 Replies

Vijay Raj Mahajan (Advocate)     12 January 2018

What's the religion of parties and according to which matrimonial law they got married, first answer this question? Never post vague queries.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 January 2018

There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties. The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats, they have the 

role of statutory conciliators only and do not have any judicial role; therefore they can only persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat and shall not pressurize or coerce any of the parties to compromise or settle cases or matters either directly or indirectly

 

 

Asheef   12 January 2018

Muslim Marriage

She went to Lok Adalath. There is no case in the court. Directly went to Lok Adalat. Adalat give date for the settlement by giving money. When we discuss this with one advocate he told even if we settle in thew Lok Adalat the divorce will not happen as Lok Adalat do not do anything for divorse. they just make an award for settlement. so we need to go again for an advocate and do the divorse proceeding.. 

Vijay Raj Mahajan (Advocate)     12 January 2018

Muslim divorces are not done in District Family Courts as such, unless the Muslim wife files for divorce under the Muslim Dissolution Act in the Family Court against the husband on any of the provided grounds in the Act. The Muslim marriages get dissolved by the Quazi in presence of witnesses even if it is by mutual consent of both parties and issue the Talaqnamma after registering the same in his records.

The Lok Adalat settlement of amount to be paid can be reduced in a form of agreement between both parties, duly signed by both as well the presiding officer of the Lok Adalat. This agreement is legal is all aspects and none of the parties can backout of this in future.

1 Like

Asheef   12 January 2018

Now Triple Talaq is not valid. Then what will be the procedure for Divorce. 

Vijay Raj Mahajan (Advocate)     12 January 2018

Triple Talaq by husband giving in one instance is not valid, but divorce by mutual consent between Muslim couple is valid. Even the triple talaq given by husband according to the procedure as formulated by the Supreme Court, call the talaq three times each one after one month duration is still valid. The waiting period of one month after each call of talaq is absolutely necessary for valid talaq in Muslims.

Asheef   12 January 2018

Whom to visit for Mutual Consent Divorce. Who will prepare the paper and do we have to submit the paper to court. 

Vijay Raj Mahajan (Advocate)     12 January 2018

Contact local Quazi for it.

Kumar Doab (FIN)     12 January 2018

The lawyer approached by you has already appraised you about what can be done in Lok Adalat.

Rest you have been appraised in above post for right steps to be taken for Divorce.

Act accordingly and properly.

good day (n.a.)     13 January 2018

like to know in lok adalat, is there a marrage counselling too ?


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