Divorse
varma
(Querist) 17 November 2011
This query is : Resolved
Whether Lok adalat has judicial powerto give final award on divorse if both husband & wife applied for mutual consent divorse
prabhakar singh
(Expert) 17 November 2011
It is parties who submit voluntarily to the jurisdiction of LOKADALAT,once they submit to the jurisdiction the LOKADALAT has right to decide the dispute as agreed by parties.
Rajeev Kumar
(Expert) 17 November 2011
I too agreed with Prabhakar sir
Devajyoti Barman
(Expert) 17 November 2011
Yes Lokadalat has very much power to pass final decision like a civil court if both the parties so agree.
Shonee Kapoor
(Expert) 18 November 2011
I disagree from my personal experience.
In Haryana and Delhi, the lokadalat affects a compromise and decree is passed by the competent court based on that compromise.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 18 November 2011
Is it?
Here in WB it is not like that.
The Lok Adalat is like any court of competent jurisdiction which can pass decree on compromise only.
Jai Karan Nagwan
(Expert) 18 November 2011
Agree with Mr. Kapoor. Lok Adalat has no competence to effect the decree of divoce in any corner of the country. It can evidence the compromise, but can not decide finally.
prabhakar singh
(Expert) 18 November 2011
we should understand the topic as follows:
A Lok Adalat has the jurisdiction to settle, by way of effecting compromise between the parties, any matter which may be pending before any court, as well as matters at pre-litigative stage i.e. disputes which have not yet been formally instituted in any Court of Law. Such matters may be civil or criminal in nature, but any matter relating to an offence not compoundable under any law cannot be decided by the Lok Adalat even if the parties involved therein agree to settle the same. Lok adalats can take cognizance of matters involving not only those persons who are entitled to avail free legal services but of all other persons also, be they women, men, or children and even institutions.
2. Anyone, or more of the parties to a dispute can move an application to the court where their matter may be pending, or even at pre-litigative stage, for such matter being taken up in the Lok Adalat whereupon the Lok Adalat Bench constituted for the purpose shall attempt to resolve the dispute by helping the parties to arrive at an amicable solution and once it is successful in doing so, the award passed by it shall be final which has as much force as a decree of a Civil Court obtained after due contest.
3. The Legal Services Authorities Act, 1987 (as amended vide Act No. 37 of 2002) provides for setting up of a “Permanent Lok Adalat” which can be approached by any party to a dispute involving “public utility services” which have been defined in the Act (as amended) to include transport services for the carriage of passengers or goods by air, road or water; postal, telegraph or telephone services; insurance service, as also services in hospital or dispensary, supply of power, light or water to the public, besides systems of public conservancy or sanitation. Any civil dispute with a public utility service and where the value of the property in dispute does not exceed Rupees ten lakhs; or any criminal dispute which does not involve an offence not compoundable under any law, can be taken up in the “Permanent Lok Adalat”. An important feature of this amendment is that after an application is made to the Permanent Lok Adalat, no party to that application can invoke jurisdiction of any court in the same dispute. Such disputes involving public utility services shall be attempted to be settled by the Permanent Lok Adalat by way of conciliation and failing that, on merit, and in doing so the Permanent Lok Adalat shall be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice without being bound by the Code of Civil Procedure and the Indian Evidence Act.
2. Lok Adalats in Government Department and in statutory bodies
To enable the Courts to refer more contentious matters to Lok Adalats which can give repeated sittings to the parties, and to enable general public to take their disputes at pre-litigative stage to Lok Adalats for exploring possibility of amicable settlement, Permanent and Continuous Lok Adalats of amicable settlement, a Permanent and Continuous Lok Adalat is functioning in the Punjab and Haryana High Court at Chandigarh which is headed by a retired Judge of the High Court.
Permanent and Continuous Lok Adalat (redesigned as “Samjhauta Sadans” with effect from 19.7.2002) are also functioning in 10 districts of Haryana viz. Ambala, Panchkula, Gurgaon, Faridabad, Jhajjar, Hissar, Karnal,Kurukshetra, Rewari, Rohtak and Sirsa which are headed by retired judicial officers. In the remaining districts and sub-divisional courts of Haryana, serving judicial officers are presiding over such “Samjhauta Sadans” on rotational basis.
{source http://hslsa.nic.in/LA.htm]
Raj Kumar Makkad
(Expert) 18 November 2011
The authority of Lok Adalat is not under challenge. It is nothing but a court as per Legal Services Authority Act but question raised is that such Lok Adalat is competent to pass final decree of divorce on the mutual consent of parties.
I am of the firm view that Lok Adalat cannot pass any decree which is specifically barred by law. 6 months wait period cannot be condoned by it which querist wants to ask only. Lok Adalat can pass decree of divorce finally subject to first motion was held 6 months prior to that date.
