mrgop (Owner) 27 February 2011

can lok adalat give divorce without consent of both parties?

Please help me to clear the following points on lok adalat in the context of divorce/annulment/RCR cases.

1) Which lok adalat the case from family court refers to, lok adalat or permanent lok adalat?

2) Does lok adalat have power to force a decree or grant/dismiss divorce/annulment/RCR without the consent of both parties?

3) On divorce petition, filed by wife, her advocate asked for mediation for settlement and also made it clear that there is no chance for conciliation from her side and counselling has already been failed. My advocate opposed mediation and made it clear that there is no scope for further counselling or mediation, and pleaded to decide the case on merit as I'mnot ready for divorce. But to my surprise, judge referred the divorce case for settlement and RCR for lok adalat.

So, in this context, can I move application to cancel the order for lok adalat? or What if I am not appearing before lok adalt?

I'm asking this just because there would be no settlement in lok adalat as she is not ready for conciliation and I'm not ready for divorce and want to decide the matter on merit.

Please help

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2 Replies

Jamai Of Law (propra) 27 February 2011

Lok adalat have power to pass a decree of divorce (there are mainly stages named as 'compromise' and/or 'settlement' both may suggest the divorce only mostly!!! as hardly any couple recons!!)

Lok Adalat doesn't follow strict norms of the 'trial and decree on merits' but on the norms of settlement oriented compromise by persuation and to end the dispute by comming to terms (of destiny)

Lok Adalat decisions are non appealable!!

One can not be forced to have their matter heard at lok adalat.

Just remain absent if it is ordered without your consent and also give the same in writing and also ask the lawyer NOT to attend it or otherwise delink him from your case formally (All mandawali happens there!!! Even horse trading and attorneys are also bought there).

Mediation cell is different than Lok Adalat (mediation cell doesn't have powers to pass decree of divorce, it only makes a reccomendation and counselling to couple which is different from counellors!!! Again it is a farce in many courts!! All just try to 'break' the marriage!!!)

Lok Adalat and mediation cells are Judiciary's initiatives and also getting a boost due to Huge backlog of cases!! Lawyer may be supporting it half heartedly (its a hole in their business opportunity if things get sorted out in time!!!)

And also!!...........All Hon courts have to show a number at the end of the year!!! that something did happen in mediation and lok adalat front!!...

Hence Judges reccomend such cases which are already at the brink of collapse or about to agree for mutual consent divorce, after years of fighting, and those who have got exausted!!

Hon Judge's promotions are dependent on all these!! as they geet some point!! as well as points/grade as to number of cases disposed of by a Hon judge in the a year!!!

Did your lawyer also oppose the application for 'lok adalat' as well? Beware of all things happening behind your back!!

It's all farce!!

Jamai Of Law (propra) 27 February 2011

I have heard, seen all above from my own ears and eyes!!!

All lawyer oppose it (but don't express it openly)

All those who get exhausted of fighting anyways come to terms after some time ...and only for those litigants it is actually meant for! (Can anybody openly and candidly say 'I have got exhausted! I resign! To do so is even more dangerous!!, instead one can choose the path of Lok Adalat...It's non appealable and all issues can be sorted out like mutual consent')