The main legal point established in the judgment is the limitation of Lok Adalat's jurisdiction in matters relating to non-compoundable offences and property disputes exceeding a specified value.

1. Aggrieved by the award dated 21.03.2009 passed by the Lok Adalat on the file of the I Additional Family Court, Chennai, the petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking to quash the same with a prayer to remand back the M.C.No.478 of 2004 to the I Additional Family Court for further and expeditious proceedings.

2. Mr.T.Mohan, the learned counsel appearing for the petitioner submitted that the petitioner-Gulzar Begum is the legally wedded wife of the 2nd respondent/Syed Akbar Ali and the marriage between them was solemnized on 18.06.1987. Though they had marital life only for about four years in their matrimonial home at No.18, Yasin Khan Street, Issa Pallavaram, Chennai 600 043, yet during that period, the petitioner/wife was subjected to various acts of violence, torture, abuse and harassment by the 2nd respondent/husband.

Further, the learned counsel for the petitioner submitted that the petitioner/wife was deprived of even basic requirements, such as adequate food and on account of such deprivation and physical and mental abuse, her health was got badly deteriorated, which resulted further health complications due to mal-nourishment and abuse. Only after 17 years of marriage, that is, in the year 2004, the petitioner/wife came to light that the 2nd respondent/husband had married another woman by name, A.Mehrunissan and has been living with her at No.34, Thiruvalluvar street, Nehru Nagar, Velachery, chennai. In the year 2004, the 2nd respondent/husband completely deserted the petitioner and moved out of the matrimonial house by living with the said Mehrunissa. The said fact was neither informed nor he obtained the consent from the petitioner before or after marrying the said Mehrunissa and that apart, the 2nd respondent has not even taken any permission from his employer, namely, the Chennai Port Trust, for his second marriage, wherein he was drawing a salary of Rs.30,000/- per month approximately. In view of the hidden fact, the petitioner/wife has filed M.C.No.478 of 2004 before the I Additional Family Court, Chennai, seeking maintenance for a sum of Rs.3000/- per month in the year 2004, as then he was drawing a salary of Rs.15,212/-per month. Further, a criminal case was also filed in C.C.No.24130 of 2004 against the 2nd respondent before the Chief Metropolitan Magistrate, Egmore, Chennai, for commission of offences under Sections 498A, 406 and 494 of IPC and yet another criminal case before the Judicial Magistrate, Tambaram, Chennai, for commission of offences under Sections 147, 448 and 427 of IPC. Surprisingly, when these criminal cases, which are non compoundable in nature, are pending before the competent criminal Court, the I Additional Family Court referred the M.C.No.478 of 2004 for determination and settlement to the Lok Adalat. The Lok Adalat, on receipt of the said case in M.C.No.478 of 2004, after several hearings, passed an award on 21.03.2009 directing the 2nd respondent/husband to pay a sum of Rs.3,000/- per month towards maintenance from 01.04.2009 till the life time of the petitioner/wife without arrears for five years, with a further direction to the 2nd respondent that he will execute a settlement deed in favour of the petitioner/wife by granting her life interest in respect of the house in which the petitioner is residing at No.18, Yasin Khan Street, Issa Pallavaram, Chennai, from the time of their marriage. Besides, the Lok Adalat further held that either parties will withdraw the civil and criminal cases filed by them against each other.

3. At this juncture, the grievance brought forthwith by the learned counsel for the petitioner is that the award passed by the Lok Adalat was not preceded by any proper settlement talks and the terms of the settlements were not explained to the petitioner/wife. Secondly, her erstwhile counsel was also not present during the said proceedings, when the above said award was passed. Thirdly, the petiti