The Role of Lok Adalat in family disputes in Chandigarh has gained significant importance in recent years due to the increasing burden on courts and the need for swift, amicable resolutions. Lok Adalat, which translates to “People’s Court,” provides a powerful alternative dispute resolution (ADR) mechanism established under statutory authority. It is especially effective for resolving family matters, such as divorce, maintenance, custody, and property settlements. This article offers a comprehensive legal guide for clients, students, family lawyers in Chandigarh, and high court advocates interested in the structure, process, and benefits of resolving disputes through Lok Adalat.
Legal Framework Governing Lok Adalat in India
The Legal Services Authorities Act, 1987
The Legal Services Authorities Act, 1987 provides statutory recognition to Lok Adalat as an ADR mechanism and defines its powers and scope.
Section 19 – Organisation of Lok Adalats
Provides that every State Legal Services Authority (SLSA) and District Legal Services Authority (DLSA) shall organize Lok Adalats at regular intervals.
Section 20 – Cognizance of Cases by Lok Adalat
Details the types of matters that can be referred to Lok Adalat, including those pending before a court or at a pre-litigation stage.
Section 21 – Award of Lok Adalat
States that every award of the Lok Adalat shall be deemed to be a decree of a civil court and is final and binding on all parties.
Section 22 – Powers of Lok Adalat
Lok Adalats have the same powers as a civil court under the Code of Civil Procedure, 1908 including summoning witnesses, examining documents, and facilitating settlements.
Types of Family Disputes Resolved in Lok Adalat
Family disputes fall within the jurisdiction of Lok Adalats if they are:
- Compoundable under the Indian Penal Code (IPC)
- Civil in nature and capable of settlement by agreement
Divorce by Mutual Consent
Under Section 13B of the Hindu Marriage Act, 1955, parties may approach Lok Adalat if they have already filed a petition in court. The matter can be transferred to Lok Adalat for final resolution, provided:
- Both parties consent
- Minimum statutory waiting period (6 months) is over or waived
Maintenance and Alimony
Applications under:
- Section 144 of the BNSS
- Section 24 and 25 of the Hindu Marriage Act
- Can be settled amicably through mediation in Lok Adalat
Child Custody and Visitation Rights
While custody matters involve sensitive issues, Lok Adalat can handle such cases where both parents agree on terms, in the best interest of the child.
Family Property and Partition
Disputes relating to ancestral or joint family property between siblings, spouses, or other relatives can be resolved, especially if governed by:
Domestic Violence Complaints
Where monetary relief, residence orders, or maintenance under Protection of Women from Domestic Violence Act, 2005 are already under consideration, Lok Adalat may help mediate a settlement, provided both parties agree.
Step-by-Step Process: Family Dispute Resolution in Lok Adalat
Step 1 – Filing the Dispute
- If litigation is pending, the court may refer the matter suo motu or upon party request under Section 20 of the Legal Services Authorities Act.
- If no litigation exists, either party can approach the District Legal Services Authority (DLSA) in Chandigarh.
Step 2 – Screening and Consent
- The DLSA examines whether the dispute is suitable for resolution through Lok Adalat.
- Both parties must agree voluntarily to resolve the matter.
- The matter is listed before a Lok Adalat bench on a specified date.
Step 3 – Mediation and Conciliation
- The panel includes a judicial officer, a social worker, and a family lawyer or advocate in Chandigarh.
- Parties are guided towards an amicable agreement.
- No rigid court procedure or evidence recording is required.
Step 4 – Passing of the Award
- Once a settlement is reached, the Award is recorded in writing and signed by the panel and parties.
- It is final, binding, and enforceable like a civil court decree under Section 21.
Step 5 – Execution and Closure
- Parties cannot file an appeal against a Lok Adalat award.
- If one party refuses to follow through, execution proceedings can be initiated in a civil court.
- However, in practice, most awards are honored due to the consensual nature of resolution.
Advantages of Using Lok Adalat in Family Disputes
Time and Cost Efficiency
- No court fees are charged
- Rapid resolution in one or two sessions
- Less adversarial and more cooperative
Privacy and Confidentiality
- Hearings are in-camera, ensuring privacy
- Ideal for sensitive family matters
Enforceable Legal Outcome
- Award has same effect as a court decree
- Saves future litigation costs
Reduced Emotional Strain
- Family lawyers in Chandigarh often recommend Lok Adalat for its empathetic and informal approach
- Helps preserve family relationships
Lok Adalat vs. Mediation: Key Differences
| Feature | Lok Adalat | Mediation |
| Statutory Backing | Legal Services Authorities Act, 1987 | Not governed by any specific Act (except court-annexed mediation) |
| Enforceability | Award is a court decree | Agreement is enforceable after court acceptance |
| Cost | Free | May involve mediator fee |
| Voluntariness | Participation must be consensual | Participation and outcome both voluntary |
| Presiding Authority | Retired Judge or appointed panel | Mediator (lawyer, counselor, etc.) |
Relevant Case Laws on Family Disputes in Lok Adalat
K.N. Govindan Kutty Menon v. C.D. Shaji (AIR 2011 SC 544)
The Supreme Court held that a Lok Adalat award is final and not appealable, provided it is based on mutual consent and no fraud or coercion exists.
State of Punjab v. Jalour Singh (2008) 2 SCC 660
It clarified that Lok Adalat cannot decide matters on merits where no compromise is reached. Their jurisdiction is limited to settlements only.
Rajni Mishra v. State of UP (2020)
The Allahabad High Court observed that family disputes resolved in Lok Adalat help reduce pendency and protect emotional interests, urging courts to promote such resolutions.
The Role of Lok Adalat in family disputes in Chandigarh is transformative, offering a people-friendly, efficient, and cost-effective dispute resolution forum. For families seeking amicable closure with dignity, Lok Adalat ensures justice without lengthy courtroom battles.
Backed by the Legal Services Authorities Act, 1987, it provides a statutory mechanism where lawyers, family advocates, and high court lawyers in Chandigarh play pivotal roles in safeguarding legal rights while facilitating reconciliation.
From divorce and maintenance to child custody and property settlements, Lok Adalat serves as a practical option for both clients and legal professionals committed to preserving familial harmony through peaceful legal means.
FAQ on Role of Lok Adalat in Family Disputes in Chandigarh
Q1. Can all family disputes be resolved through Lok Adalat in Chandigarh?
A: No. Only civil and compoundable criminal matters with mutual consent can be resolved in Lok Adalat. Non-compoundable criminal offences or highly contested custody cases are not suitable.
Q2. Is the award passed by Lok Adalat legally binding?
A: Yes. Under Section 21 of the Legal Services Authorities Act, 1987, the award is final, binding, and has the effect of a civil court decree.
Q3. Do I need a lawyer to attend a Lok Adalat session?
A: While not mandatory, it is advisable to have a family lawyer in Chandigarh or an advocate to ensure your interests are protected during the settlement.
Q4. Can I challenge a Lok Adalat award in the High Court?
A: Generally, no appeal lies against a Lok Adalat award. However, High Court lawyers in Chandigarh can help file a writ petition if the award was obtained through fraud, coercion, or misrepresentation.
Q5. How can I apply for Lok Adalat in Chandigarh?
A: You can apply through:
- Court referral (if a case is pending)
- Pre-litigation application to District Legal Services Authority (DLSA), Chandigarh
- Help from a family advocate or legal aid center