The high court dismissed a writ petition filed against a Lok Adalat award in a maintenance and custody dispute. The court held that the petitioner's delayed challenge, raised 14 months after the award without prior objection, was unsustainable. The claim that the award was obtained by compulsion was rejected as an afterthought.
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.
W.P.No.34341 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR
W.P No.34341 of 2024 and WMP.No.37220 of 2024
V. Gopinath ...Petitioner
Vs.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the National Lok Adalat Case No.5291/2023 award dated 01.06.2023 passed by the first respondent and quash the same.
For Petitioner : Mr.J.Rajmohan For R1 : Mr.V.Vasantha Kumar
W.P.No.34341 of 2024
Additional Public Prosecutor (Pondy)
O R D E R
The writ petition is filed challenging the Lok Adalat award passed by the Puducherry Legal Services Authority dated 01.06.2023.
Legal Services Authority and following award was passed.
" 1. That the petition is allowed.
2. The respondent is agreed to pay a sum of Rs.20,000/- per month to the petitioners (1 to 4) and he is directed to pay the monthly maintenance amount with in before 10th day of every succeeding English calender month. The respondent is directed to deposit the maintenance amount in the petitioners account number 20111102271, State Bank of India, Brindavanam Branch, IFSC code. SBIN0001613 namely Jayanthi W/o. Gopinath.
3. As requested the respondent is permitted to deposit
W.P.No.34341 of 2024
Rs.10,000/- on or before 15th of every month, and the remaining Rs.10,000/- shall be deposited within 30th of every month.
4. The children are under the care and custody of the petitioner/mother. The petitioner/mother has no objection to show her children to the respondent/father. The respondent/father shall have visitation rights on every second week end of the English month. Further the respondent can have the interim custody of the children for one third or the vacation holidays or any other bulk holidays.
5. The petitioner is ready to withdraw the case penind before JM-1, Puducherry. in DVC.No.12/2022. The petitioner agreed to give up her all claims in DVC No.123/2022, except the prayer for protection order. "
W.P.No.34341 of 2024
agreement was recorded by the Puducherry Legal Services Authority, the petitioner failed to make any objection regarding alleged compulsion and an award was passed on 01.06.2023. The petitioner after a lapse of one year, suddenly, filed the writ petition challenging the award as if his consent was obtained by putting him under duress or compulsion.
22.11.2024
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av
To
W.P.No.34341 of 2024
The Member Secretary, Union Territory of Puducherry, Legal Service Authority (State Authority), Puducherry.
S. SOUNTHAR, J.
av
W.P No.34341 of 2024
22.11.2024
2 issues framed by the court
Whether a writ of certiorari can be issued to quash a Lok Adalat award obtained by alleged compulsion when no objection was raised immediately after the award.
Whether the petitioner's delay of 14 months in challenging the award validates the claim of compulsion.
V. Gopinath
The Member Secretary, Union Territory of Puducherry, Legal Service Authority
Mrs. Jayanthi
Anushka
Lakshana
Yashika
S. Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
