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help_divorce (SC)     13 June 2011

Lok Adalat

My estranged wife has filed for divorce under 13(ia) and I have filed for RCR. I am paying maintenance for my child, I dont want to pay maintenance for the lady as she left the matrimonial home and she doesnt want to reside with me.

During the last hearing the judge advised to have the next hearing in LOK ADALAT. What is LOK ADALAT? Will I be forced to give divorce? Will I be forced to pay maintenance for her?



Learning

 2 Replies

Tajobsindia (Senior Partner )     13 June 2011

@ Author

1.
 As lawman’s understanding Lok Adalat is a Legal Aid where apart from othe rnature of Court cases even matters relating to Family Law can be compromised amicably by both agrieved parties and is a part of reconciliation efforts favored by Family Courts. U/s 21 of the Legal Services Authorities Act the referred matter under Family Law can be settled if both parties agrees to compromise / agreement put jointly before the Lok Adalat Authority.


I am referring you to an outside link for in-depth understanding of Lok Adalat by assumingly taking leave of LCI admin. and you may scoop through at leisure;

https://www.legalserviceindia.com/articles/lok_a.htm


2.  Coming back to your brief last sentence / line the procedure / agreement before Lok Adalat are voluntary without any fear, coercion, duress and under pressure. You may take your own sweet time to end the in-formal proceedings before Lok Adalat trying to understand each steps offered by your estranged wife’s side by understanding pros and cons of them and then act in finality if it is agreeable to you.


3. Clear answer to last line of your post is a big NO. No one can force you to give divorce to your wife and give maint. unless grounds exists as per Law and you have capacity to do so.


(Guest)

@help_divorce

Agree with tajobs advise.

just read it or find it in google.

Generally,court  prefer lok adalat for the purpose of matrimonial settlement but if wife can't make settlement with you ,i mean she wants divorce then she or her advocate will not present in lok adalat.For you ,you have to present in lok adalat as you have filed rcr petition,you also told to court(after attaining lok adalat) that i have attended lok adalat but she wil not present or she is present but not wiling to do for compromise/settlement.Your duty is to visit lok adalat ,may be she will present in lok adalat and the judge after you /her present in court ,judge try for compromise.



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