The plaintiff in O.S.340 of 1998 on the file of Family Court, Kollam is the petitioner in this writ petition. The writ petition is filed by the petitioner for quashing Exhibit P1 decision rendered by the Lok Adalat organized by the Taluk Legal Services Committee in Lok Adalat Case No.O.S.340/98 and in M.C. 547 of 1998 on the file of Family Court, Kollam.

2. The petitioner filed O.S.340 of 1998 before the Family Court, Kollam for realization of an amount of Rs.1,74,850/- with 12% interest and also for recovery of future maintenance at the rate of Rs.750/- each for her children. The children were impleaded as plaintiffs 2 and 3 in the suit. The respondent married the petitioner on 19.1.1995. Two children are born to them in that wedlock. The relationship between the petitioner and the respondent became strained. According to the petitioner, the respondent used to manhandle her and on 30.8.1998 he left the petitioner and the children and thereafter he did not come back. It is also alleged that the respondent took away the gold ornaments given to the petitioner by her parents at the time of marriage and sold the same. It was alleged that utilizing the sale proceeds, the respondent purchased property in his name in the year 1997. It is also alleged that the petitioner gave an amount of Rs.25,000/- to the respondent for the purpose of starting the construction of a building in the property so purchased. That amount was appropriated by the respondent. Hence the suit for recovery of Rs.1,74,850/- with 12% interest and also for recovery of future maintenance at the rate of Rs.750/- each for the children.

3. The respondent filed O.P. (H.M.A.) No.69 of 1999 against the petitioner before the Family court for restitution of conjugal rights.

4. In the meanwhile, the petitioner along with her minor children filed M.C.547 of 1998 before the Family Court, Kollam claiming maintenance.

5. It is averred that while the above stated cases were pending before the Family Court, an Adalat was held by the Taluk Legal Services Committee under Section 19 of the Legal Services Authority Act on 26.11.1999. The Lok Adalat was presided over by the Judge, Family Court. It is averred that the three cases were taken up in the Adalat and O.P. (H.M.A.) 69 of 1999, O.S.340 of 1998 and M.C. 547 of 1998 were disposed of as if the parties have arrived at a settlement. It is averred that the respondent did not act in terms of the compromise. But, he filed a petition for custody of the minor children before the Family court, Kollam as O.P. (G&W) No.558 of 2001.

6. The petitioner filed I.A.1880 of 2002 in O.S.340 of 1998 for setting aside the award passed by the Lok Adalat. She had filed Crl. M.P.779 of 2002 in M.C. 547 of 1998 for setting aside that judgment also. It was averred that the decision of the Lok Adalat was arrived at the instance of the respondent by misrepresenting and misleading the petitioner. It is further averred that she was denied the right to claim the amount claimed in O.S.340 of 1998. It is further averred that though the parties had agreed to file a petition under Section 13-B of the Hindu Marriage Act, no such petition was filed and the respondent is not complying with the terms of the award. It is further averred that the award passed by the Lok Adalat is incapable of being enforced and the terms and conditions incorporated are impracticable. Hence the prayer to set aside Exhibit P1 award passed by the Lok Adalat held on 26.11.1999.

7. The respondent filed counter affidavit denying the allegations leveled against him. It is contended that the writ petition is not maintainable the allegations that he took away the gold ornaments of the petitioner, sold the same and utilizing that amount property was purchased in his name were denied. The averment that the amount of Rs.25,000/- given to him by the petitioner was appropriated by him was also denied. According to the respondent, he was always ready and willing to perform his obligations under