The Court dismissed a writ petition challenging the return of a memo seeking to modify Lok Adalat terms under Section 21 of the Legal Services Authority Act, 1987. The Court held the Award was final and not subject to modification under Article 226.
Writ Petition dismissed, no order as to costs, miscellaneous petitions closed.
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THE HON'BLE SRI JUSTICE K.C.BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.10304 OF 2014
ORDER: (per Hon’ble Sri Justice K.C.Bhanu)
This Writ Petition, under Article 226 of the Constitution of India, is filed to issue writ of Mandamus declaring the action of respondent No.1 in returning the Memo, dated 12.11.2013, filed by the petitioner before the Lok Adalat Bench at Nizamabad, in respect of change of condition in the Joint Memo, dated 04.11.2013, filed by the petitioner and respondent No.2 before the Lok Adalat, at the time of settlement as barred under Section 21 of the Legal Services Authority Act, 1987 (for short, ‘the Act’), as arbitrary and illegal and consequently, direct respondent Nos.2 and 3 to handover the custody of minor girl namely Sidra to the petitioner.
2. Heard.
3. In pursuance of Joint Memo of Compromise, dated 04.11.2013, filed by the petitioner herein and respondent No.2, the matter has been settled before the Lok Adalat, Nizamabad, vide Award, dated 04.11.2013, with certain terms and conditions. On 14.11.2013, petitioner herein filed a Memo before the Lok Adalat Bench, Nizamabad, to refer the case i.e., M.C.No.41 of 2013 to the Court of Family Judge, Nizamabad, for change of conditions in the Joint Memo of Compromise. That memo was returned vide order, dated 14.11.2013.
4. As per the provisions of Section 21 of the Act, the Award passed by the Lok Adalat cannot be set aside or modified and hence, the Award passed by the Lok Adalat has become final. Therefore, the Lok
Adalat rightly returned the Memo and that order needs no interference by this Court.
5. Learned counsel for the petitioner contended that as per the Muslilm Law, till the minor child attains the age of seven years, mother has a right to keep the minor child in her custody. Law is well settled that rights of the parties under the Personnel Law is not ground to entrust the minor to mother, but, the paramount consideration is welfare of the child. Therefore, that issue as to who is the proper person to be appointed as guardian cannot be decided exercising the powers under Article 226 of the Constitution of India. Therefore, the Writ Petition is devoid of merit and is liable to be dismissed.
6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, shall stand closed.
_____________________ JUSTICE K.C.BHANU
_________ JUSTICE ANIS
JUNE 26, 2014 YVL
THE HON'BLE SRI JUSTICE K.C.BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.10304 OF 2014
26.06.2014
YVL
2 issues framed by the court
Whether the return of a memo seeking modification of Lok Adalat terms under Section 21 of the Legal Services Authority Act is lawful and bar judicial intervention.
Whether the welfare of a minor child under Muslim law permits the issuance of a writ to transfer custody.
2 provisions across 2 enactments
Petitioner
Respondent No.1
Respondent No.2
Respondent No.3
K.C. Bhanu
Anis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
