ALLAHABAD HIGH COURT
(Lucknow Bench)
AJAI LAMBA AND ANANT KUMAR, JJ.
Smt. SONI KUMARI - Appellant
Versus
AKHAND PRATAP SINGH - Respondent
(First Appeal No. 65 of 2017, decided on 28th March, 2018)
Result; Appeal Dismissed.
By the Court.—The First Appeal has been filed under Section 19(1) of The Family Courts Act, 1984 against award dated 8.4.2017 and the decree dated 27.4.2017 drawn by Lok Adalat (Principal Judge, Family Court, Sultanpur).
2. The appeal raises the following question of law for determination :
“Whether appeal is maintainable against an award and/or decree rendered by a Lok Adalat under The Legal Services Authorities Act, 1987 ?”
3. The facts in brief are that the appellant wife Smt. Soni Kumari preferred a petition for divorce under Section 13 of the Hindu Marriage Act dated 7.3.2017.
The pleading in the divorce petition is to the effect that the appellant is a Hindu and after attaining age of majority got married to the respondent in January, 2016. Thereafter, the appellant and the respondent started living as husband and wife. Initially, the married life was happy, however, after January, 2017, the relations between the husband and wife became strained. The appellant thereafter started feeling that she cannot live as wife of the respondent because of the friction with her husband.
There is no issue from the wedlock.
It has been pleaded that the respondent used to abuse the appellant and treat her with cruelty. It has been pleaded in the petition for divorce that the petition is not collusive. The appellant wants the marriage to be dissolved.
4. We have taken notice of the fact that the petition has been filed by the appellant through her counsel. The contents of the petition are supported by her affidavit.
5. The respondent filed written statement to the petition for divorce admitting therein that he is married to the appellant. Initially, the married life was pleasant, however, the relations are not as cordial. Although the appellant is not entitled to divorce, however, in case she wants a divorce, decree to that effect be issued.
6. It appears that the appellant and the respondent filed a joint application dated 20.3.2017 which has been placed on record as Annexure 5.
Perusal of Annexure-5 indicates that the appellant and the respondent made a joint prayer before the Family Court that the parties had entered into a compromise. They do not want to contest the case; rather want the case to be decided in view of the compromise. Under the circumstances, the date be preponed and the case be disposed of in view of the compromise. It has been prayed in the application, Annexure-5 that the matter be referred to the Lok Adalat on the basis of compromise.
It further appears that the joint application is accompanied by a compromise deed dated 20.3.2017 in which the appellant stated that she wants divorce on the basis of compromise. The appellant does not want any maintenance or alimony. After the date of compromise, both the parties would be entitled to live their lives as per their own wish and the other side will not interfere. The parties would have the right to get married as per their own wish. The expenses of the litigation would be borne by the respective parties.
It has specifically been pleaded that a decree be issued on the basis of compromise. The appellant declared that she will live with her parents and would contract second marriage of her own will.
We find that the application/compromise has been signed by both the parties and their Advocates.
There is an endorsement by the Court on the compromise deed recording the presence of the appellant with her counsel, respondent with his counsel and the fact that the parties endorsed the compromise. The document is signed by the appellant, the respondent and their respective counsels.
7. We have taken judicial notice of the fact that the Principal Judge, Family Court passed an order on 20.3.2017 to the effect that application alongwith compromise deed has been presented for referring the matter to Lok Adalat. Let the matter be fixed for 8.4.2017 in Lok Adalat.
8. It appears that the matter was placed before the Lok Adalat on 8.4.2017 whereupon the impugned order has been p
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