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KNK A Learner (Learning to share)     08 August 2012

Not ready for compromise in lokadalat 498a,dvc, mc, divorce

Hi,

Wife not filed counter in Divorce instead requested court to refer to Mega Lok Adalat for ammicable settlement and the court refered the case to Mega Lok Adalat.  I have already filed perjury in DVC, MC, 498A and not interested for compromise unless they agree for my termsand also Not willing to pay even a single penny to that Unscrupulous women who can enjoy after the compromise with my money, She need to be punished for her perjurious acts and false cases. Now my questions are.

1. Would the Mega Lokadalat pass orders against my will if i dont compromise? Does it have power to do so.  what is permanent lokadalat and Mega Lokadalat.

2. Can i simply reject the comprise after attending to it, if they wont agree for my terms.

3. 498A is Compoundable in Andhra Pradesh.

4. Can i challenge any order of lokadalat if any orders passed against my will.

Thanks in Advance.



Learning

 8 Replies

Never Give Up (Fighter)     08 August 2012

Orders passed in lok adalat can not be challenged.


Lok adalat will se if some amicable settlement can happen or not between parties. Parties can not be forced to accept terms and conditions.

 

Lok adalat consists of lawyers and social workers. They try to arrive at amicable settlement for parties with reasonable terms from both end.

 

Attending Lok adalat is not mandatory.

 

If you dont attend lok adalat , case will be refered back to court.

 

Tajobsindia (Senior Partner )     08 August 2012

Originally posted by : Never Give Up
  Orders passed in lok adalat can not be challenged.

?
 

@ Never Give Up; allow me a patent correction 

 

Lok Adalat Orders can be challenged under a petition under Article 227 of the Constitution. 

Reasoning:

1. Making of the award is merely an administrative act of incorporating the terms of settlement or compromise agreed by parties in the presence of the Lok Adalat, in the  form of an executable Order under the signature and seal of the Lok Adalat.

 

2. Lok Adalats should resist their temptation to play the part of Judges and constantly strive to function as mere conciliators.

 

3. Lok Adalat cannot assume a judicial role, they can merely hear parties, they cannot ignore the absence of consensus, and by a reasoned order give an Order which is just adjudicatory in nature.

 

4. Such an Order is not an award of the Lok Adalat, being contrary to law and beyond the power and jurisdiction of the Lok Adalat it is void in the eye of law exercise the  jurisdiction vested in it thereby denying justice and driving the aggrieved party to appeal to Higher Court under Art. 227 of the COI. Which is allowed later on.

1 Like

Ramanathan G (Independent practice)     08 August 2012

Sir, Only when your wife do not want divorce, she will opt for compromise - if she filed Application for Maintenance, that will be decided and either 33 or 50 some time up to 66 percent of your income will be collected by her and the child. However thanks to the Indian Tradition, it will be males of her parental family who will spend that money, and even within her house there may be "sibling rivalry", which is worser than "Dowry ragging".

Please examine Sexual functions of yourself, prior to compromise, to find out whether the Quarrels erupted because of s*xual frustration from your mistake - examine her s*xual functions/ behaviours to reply same question. Be honest about it, be willing to undergo any Medical Exam and treatment, and without shame demand that for your wife also. Court will help you both.

To be honest, the Indian culture permits the following abuses: person doing incest with own mother, sister and daughter; person born by prostitution - but it is a shameful thing to admit that, doing s*xual intercourse with legally permissible wife/ husband, is happening between couple. That is kept as secret, never to discuss with anyone. there is a dialogue in a Hindi Movie, in which character played by Anupam Kher tells the Character played by Anil Kapoor, the Son-in-law: "mujhe mera biwi ka gaali dedo", means make an allegation that, i do s*xual intercourse with my own wife.

At first, clear this point, then only you can do successful compromise.

Wife will not tell her s*xual frustration, but tell "dowry demand", and the boy's side will give allegations of incest between herself and male members who accompany her to the Court or Police Station - same against boy's side also - please find out whether we should conduct litigations like this. It is high time that, Matrimonial laws and High Court rules are amended, to openly discuss this point in the pleadings.

Wish you all the best.

Ramanathan.G, Advocate (D-1282/2000)

ramanathan2108@gmail.com

Tajobsindia (Senior Partner )     08 August 2012

Originally posted by : Ramanathan G
  It is high time that, Matrimonial laws and High Court rules are amended, to openly discuss this point in the pleadings.

Ramanathan.G, Advocate (D-1282/2000)
 

 "If wishes were horses, beggars would ride"

Never Give Up (Fighter)     08 August 2012

Sirjee,

 

I have been to Lok adalat in one of my case. And judge gave nice opening speech , in which he told this sentence "Orders from lok adalat can not be challenged" hence the posting..

 

With your reply i stand corrected. Thank you.

 

 

Ramanathan G (Independent practice)     08 August 2012

 

Sir,

to answer the point: "Sirjee, I have been to Lok adalat in one of my case. And judge gave nice opening speech , in which he told this sentence "Orders from lok adalat can not be challenged" hence the posting.. With your reply i stand corrected. Thank you".


Writ petition can be filed almost against anything which is a discretionary remedy, which the High Court and Supreme Court Judges can exercise suo-moto (now even NHRC etc have that power). Please note, the King can do anything, and Writ Jurisdiction is about King's power.


Appeal means continuation of original case, which is a legal right, in which even the evidence can be continued with permission; that is not possible for Lok Adalat, because, there is no Appellate tribunal.


Revision is about failure to exercise jurisdiction or exercising illegal jurisdiction, which is also not possible for Lok Adalat, because, they are like Panchayat, you confer them Jurisdiction.


When you file Writ Petition, that is summary remedy and Evidence is not reappreciated. In that case, against Administrative Tribunals, Labour Courts etc also there are only Writ Petitions. High Court may or may not exercise that jurisdiction - even for Appeal and Revision, same discretion continues.


These all are Law points, with no relevance to the life. I am an Advocate, who very rarely think about Law points in my life. I just think, what is the easiest method to put full stop to the dispute legally, without taking law into either party's hand.


For a matrimonial matter like this, the only method to solve problem is by doing that for what the marriage was solemnized - consummation of marriage. if both the parties are regularly doing that, and the relatives are kept at distance, the marriage will never break. Tell lok adalat, what is preventing consummation, and they will definitely help.


Thanking you, yours truly,

Ramanathan.G., Advocate

8-8-12 at 4.40 pm

Ramanathan G (Independent practice)     08 August 2012

Sirs,

to explain further - none of the orders in this world can be challenged, for example, if the breakfast or any food is denied to you within your house or office, as part of Matrimonial cruelty, sibling rivalry, one-up-man ship ragging in the office/ hotel etc; normally you will not feel to eat that food, unless the mind cools down. thus said behaviour is not Appealable.

When u go to Police Station or Court, if you be honest to tell: why this relationship (wife, employee, neighbour etc) was started, and now how the quarrel took place; also what is lacking from both the sides; normally the Human Being sitting there will be able to give you proper suggestion. In the pleadng, you can write lies, to prevent admissions, but even at that time tell the individual as to what is the truth and wait for his reply.

No incident in tis world is Appelable, thus wish you all the best.

Ramanathan.G

pujols20 (Techie)     08 August 2012

Megalokadalat is a place where large number of cases gets settled. Usually some dates will be decided for Mega lokadalat events. AP HC feels that if there are large number of cases pending in a court from long while with people running around courts, they try to organise these mega lok adalats to settle them on a single/two days.

If you consider lokadalat as market, megalokadalat would be supermarket :-)


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