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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE N. J. JAMADAR
Surekha Tanaji Naik – Appellant
Versus
Tajani Balaso Naik – Respondent
JUDGMENT :
1. This Revision is directed against an order dated 15 March 2022 passed by the learned Civil Judge, Sr. Division, Jaysingpur, on an application (Exh.10) for rejection of the Misc. Civil Application No.87 of 2021 (main application) under the provisions of Order VII Rule 11(d) of the Code of Civil Procedure, 1908, on the premise that the main application was barred by law.
2. The background facts leading to the Revision Application can be summarized as under :
2.1 The marriage of the applicant was solemnized with Respondent No.1 on 10 June 2007. Respondent Nos.2 and 3 are the parents of Respondent No.1.
2.2 In the wake of the marital discord, the Respondents allegedly harassed and ill-treated the applicant. Respondent No.1 allegedly contracted marriage with another woman during the subsistence of the marital bond between the applicant and Respondent No.1.
2.3 The applicant approached the Protection Officer appointed under the provisions of Protection of Women from Domestic Violence Act, 2005 (DV Act, 2005). The Protection Officer forwarded the complaint to the Judicial Magistrate, First Class, Jaysingpur, and, thereupon, Criminal Misc. Application No.15 of 2019 came to be regi
The award of Lok Adalat is final and binding, challengeable only through writ petitions under Articles 226 and 227, not in Civil Court.
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The court established that a valid reference to Lok Adalat is mandatory for its jurisdiction, and failure to comply with this requirement invalidates any award made.
A writ petition challenging a compromise decree entered before Lok Adalat by non-impleaded necessary parties is maintainable due to allegations of fraud and procedural irregularity.
Once there is no compromise and/or a settlement between parties before Lok Adalat, matter has to be returned to Court from where matter was referred to Lok Adalat for deciding the matter on merits by....
A Lok Adalat Award is final and binding, and a subsequent suit challenging it is not maintainable due to res judicata principles.
A Lok Adalat award is binding when signed by parties, challenges must follow strict procedural paths under Articles 226/227, and the Execution Court's failure to address preliminary objections is an ....
Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.
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