A husband filed a writ petition challenging the Lok Adalat award that had dissolved his marriage in 2007, seeking remand for reconciliation. The court found no grounds of fraud or coercion, noted the award had been acted upon, and dismissed the petition filed under Articles 226 and 227.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:21802 WP No. 48341 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 48341 OF 2012 (GM-FC)
BETWEEN:
MR. NAVEEN T.K., S/O. KRISHNA RAO T.S., 8-10/14 BALLI COMPOUND, B-2 CROSS, KODIKAL, MANGALORE - 575 006.
…PETITIONER
(BY SRI. NAVEEN T K., PARTY IN PERSON)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
MANGALORE.
…RESPONDENTS
(BY SRI. G.S. BHAT, ADVOCATE FOR R1; VIDE ORDER DATED 07.09.2015 NOTICE TO R2 IS DISPENSED WITH)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE AWARD DATED 17.10.2007 PASSED BY THE PERMANENT LOK ADALAT ON THE FILE OF THE PRL. CIVIL
JUDGE [SR.DN.] MANGALORE VIDE ANNEXURE-A, B & C, QUASH THE ORDER PASSED BY PERMANENT LOK ADALAT WHICH IS PRESENTED IN ANNEXURE-B DATED 17.10.2007 IN M.C.NO.67/2007 AND ALSO QUASH THE DECREE PRESENTED AS ANNEXURE-C DATED 17.10.2007 IN M.C. NO.67/2007 AND TO REMAND BACK THE M.C.NO.67 OF 2007 TO THE FAMILY COURT, MANGALORE WITH CLEAR MANDATE TO PROCEED AS PER HINDU MARRIAGE ACT PROCEDURE TO ATTEMPT RECONCILIATION BETWEEN PETITIONER AND RESPONDENT 1 AND FOR FURTHER PROCEEDINGS AND ETC.
THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present Writ Petition is filed by the party in person questioning an award passed by the Legal Services Authority arising out of the proceedings in M.C.No.67/2007 dated 17.10.2007.
on several occasions, there was no representation on behalf of the party in person. On 07.12.2012, notice was issued by this Court wherein it was observed that decree was passed on 17.10.2007 and the parties have also acted upon it and the Court do not find merits in it. The petitioner/party in person submits that if notice is issued to respondent No.1 there is a possibility of reconciliation. In view of the same, notice was
issued and thereafter on several occasions, there is no representation on behalf of the party in person. On 10.06.2024 also, there was no representation on behalf of the party in person and the matter was directed to be listed today. Today also, there is no representation on behalf of the party in person. This Writ Petition is of the year 2012. This Court has perused the entire material on record. The undisputed facts in this case are that the parties have filed the M.C. petition seeking divorce and thereafter at their request, the matter was referred to Lok Adalath and the Lok Adalath had passed an award by dissolving the marriage between the parties on 17.10.2007. The wife had filed a criminal case against the husband. The petition filed by the husband under Section 482 of CrPC. On the consent of the parties, the same came to be quashed. Now, 5 years after passing of the award, the present Writ Petition is filed seeking a prayer to set aside the said award. The grounds that are raised by the petitioner are that the Court below ought not to have send this matter to the Legal Services Authority and further petitioner is optimistic that his Vitilogo, which is now increasing at very fast rate, may come down if he gets love, care and affection of his wife and son.
NC: 2024:KHC:21802 WP No. 48341 of 2012
Further, he has submitted with regard to the manner in which the matter was referred to Lok Adalath and what is the scope of Section 19(5) of Legal Services Authority and several grounds are raised and several judgments are filed before this Court. Unfortunately, the petitioner had not taken any ground with regard to the fraud, coercion or any other ground. Why an award passed by the Legal Services Authority which was acted upon has to be set aside. No grounds raised by the party in person. The grounds that are raised, has no legal significance and on such grounds petition filed under Article 227 of Constitution of India is not maintainable. It is more or less looks like an afterthought of the party in person and that cannot be a ground to set aside the award passed by the Legal Services Authority.
NC: 2024:KHC:21802 WP No. 48341 of 2012
considered opinion that the Writ Petition on these grounds against an award passed by the Lok Adalath cannot be entertained and on these kind of afterthought and without any basis, if petitions are entertained to set aside the award, then there will be no end to the litigation. Hence, this Court finds no merits in the Writ Petition.
ORDER
i. Accordingly, the Writ Petition is dismissed. All the
pending I.As are disposed of.
SD/JUDGE
BN
List No.: 1 Sl No.: 12
1 issue framed by the court
Whether a Lok Adalat award dissolving a marriage can be set aside years later on grounds lacking any allegation of fraud or coercion?
3 provisions across 3 enactments
Naveen T.K.
Dr (Mrs.) Sangeetha Gajanana Bhat
Permanent Lok Adalat, District Legal Services Authority, D.K.
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
