Lok Adalat

you attend at lok atalat, at the time you give your status what would like to do.

@ Author

1. It will show as 'failed"


2. The beauty of Mediation / Lok Adalat and or ADR proceeding for settlement of issues of parties are that both party voluntarily need to come to a middle point leaving their egos and seeing the long court dates and dates in future and if they can resolve their differences amicably that also quickly then nothing like it.


3. Take Mediation / Lok Adalat proceedings as business meetings where a business minded person thinks of return of investment. This investment is nothing but court dates upon dates. And if you are getting a quick return of this investment then it is preferred than spending once precious youth in Indian courts.

FIRST THINGS FIRST:

1) Mediation at lok-adalat is purely VOLUNTRY. Any party may deny going to lok-adalat at the very begining in family court.

2) All the talks, allegations, points raised at these meetings are not ON-RECORD. If the talks fail, no detail goes to the original court except the brief noting that -- mediation failed as parties could not reach any mutually acceptable decision...

3) Its a wonderful "level playground" if one wants to avail to end the matters amicably. But usually parties have large ego problems at this initial stage of dispute & fail to see reality. If properly handled by maturity from both sides the matter ends either in compromise or MCD without losing precious money & time!

I was in a similar situation recently. The judge asked me whether I was interested in compromise and when I said no the matter was dropped. In your case, I feel the judge had no right to refer you to Lok Adalat without asking you beforehand for your consent. He has violated some legal principle here. But since not many people go willingly to Lok Adalats, the authorities are into using all sorts of pressure tactics.

Vishwa

1.  The chief object of Family Court, for starters is to try to settle the disputes in a amicable way, WITH CONSENT OF BOTH THE PARTIES, before drastic and concluding orders/decree are pronounced.  Only when things fail to achieve to connect, THEN legal proceedings are allowed, which may be conducted in due course of time.

2.  Lok Adalat, by-passes the above time factor, and tries to amicably dispose off the projected lengthy dispute, in an out of turn, but within a limited short time factor.  Parties may opt out of the Lok Adalat, anytime at their own discretion, BUT before Lok Adalat announces the settlement conditions.

3.  In Lok Adalat, Parties may settle out successfully in say 2011, live together for say 2 odd years and GET BACK and in 2013, again file divorce proceedings or whatever before the family court.  There is no stoppiing of this game / cycle, under the law.

4.  However, IF the family court has pronounced a divorce decree, the relations come to an end PERMANENTLY  (unless and until like the Britishers, both the parties marry each other again).  Under the Law,  parties now cannot file to rescind /recall the divorce  decree or whatever, passed by the family court judge.

Keep Smiling .... Hemant Agarwal