Upgrad LLM

Regarding lok adaalat

This query is : Resolved 
 

Online (Querist)
26 October 2020

Sir,

My wife filed a case against her sister and brother in law. Section is 509. Now she is ready to take it back with terms and conditions. KINDLY HELP WITH THIS 4 POINTS ONE BY ONE. PLEASE.

1) is it enough if she writes terms and conditions on lok adaalat proforma paper in court AND get it Signed?

2) or is it better to write & get signed outside on a white paper?

3) or is it better to get them writes on bonded paper and get it notarized?

4) incase if they trouble again can she get the case opened anytime again? Is it possible to get case opened again if so what is the process?


Isaac GabrielOnline (Expert)
26 October 2020

Lok Adalat is more or less a compromise cpurt. If both the parties come to an unferstamding, you can settle. Else you are at liberty to continue the court case.

Ram PrasadOnline (Querist)
26 October 2020

Gabriel sir, it seems you did not read my query at all.

Rajendra K Goyal Online (Expert)
26 October 2020

They may compromise and agree on the terms, submit the document before Lok Adalat / court. Your lawyer may prey Lok Adalat / court to include terms of compromise in their order.

If the agreed terms are not followed by any party, cause of action arise.

For some new dispute / ground, new initiation needs to be taken.

J K AgrawalOnline (Expert)
26 October 2020

1,2,3 - all these ways are ok but file the document before the court. the terms outside the court record have no value.
4 Not possible to re-open but you may file a civil suit for compensation only. Not possible to re-open criminal case. If new mischief is there, you always free to file a fresh case.



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