LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sony Singh (Social)     20 September 2010

Divorce - Lok Adalat

The petitioner wife has decided to transfer case to Lok Adalat. The case is dissolution of marriage based on crueltiy & desertion which is difficult for her to proove. The maintenance for child is also on the verge of clash as the child is not in school which is mentioned in application. She is having affair.
What is reason going to lok adalat ?
what should I do?


 2 Replies

Self service (None)     20 September 2010

Lokadalat decision - You can not file appeal against lok adalat decision.

For Lok adalat as per my knowledge both parties needs to agree.

If your case is strong oppose moving to Lok Adalat. Consult local lawyer.

Jamai Of Law (propra)     20 September 2010

lokadalat is more like out of court settlement done officially.

And it won't be a surprise if it ignores the merits of the case.

And manages both parties to concede and agree (reluctantly) to come to terms in the pretext of 'workable formula' to settle the dispute.

It'spurpose was to reduce the burden on judiciary. b'cos lakhs of trivial  cases such as a cheque bounce of rs 1000/-.

people spent years litigating and spent even more on the litigations and lakhs of such cases  are still pending.

Never heard that lok adalat, in case of matrimonial disputes, that it is empowered to dismiss the divorce suit in favour of respondent. They are not empowered to do that I believe.


In other civil suits like cheqe bounce, bank vs loan defaulter is understandable and some defeereed fornula is worked out.

If a person is defending divorce to save marriage how can he be expected to agree on divorce amicably? IF both parties are asking for divorce


This is more relevant (and was intended primarily) for cases, in ref to matrimonial dispute, where both parties make allegations and there is claim and more importantly there is  counter claim of divorce. 

what's the meaning in the plea that 'don't give divorce to my spouse but give it to me' (technically it matters a lot. but parties get so exausted in the fist case itself. generally no further cases errupt but no guaranty )

Both parties need to agree to go to lok adalat (both parties need to get exausted then only 'mandawali' is possible practically).

It is not challengable/appeallable.

Even if your plea/defence is strong or weak, it's your call.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads