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Madras High CourtWP/34341/2024dismissed

V.Gopinath v. The Member Secretary

2024-11-22Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.34341 of 2024 and WMP.No.37220 of 2024 V. Gopinath

...Petitioner

Vs.

1. The Member Secretary, Union Territory of Puducherry, Legal Service Authority (State Authority), Puducherry.

2. Mrs. Jayanthi

3. Anushka

4. Lakshana

5. Yashika

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the National Lok Adalat Case No.5291/2023 award dated 01.06.2023 passed by the first respondent and quash the same.

For Petitioner : Mr.J.Rajmohan For R1 : Mr.V.Vasantha Kumar 1/5

Additional Public Prosecutor (Pondy)

O R D E R

The writ petition is filed challenging the Lok Adalat award passed by the Puducherry Legal Services Authority dated 01.06.2023.

2. It is the case of the petitioner that the petitioner is the husband of the second respondent and father of respondents 3 to 5. The respondents 2 to 5 claiming maintenance filed M.C.No.72 of 2022 on the file of the family Court, Puducherry. The said petition was referred to Lok Adalat, in the national Lok Adalat held on 01.06.2023. The petitioner appeared before the Puducherry Legal Services Authority and following award was passed. "1. That the petition is allowed.

2. The respondent is agreed to pay a sum of Rs.20,000/- per month to the petitioners (1 to 4) and he is directed to pay the monthly maintenance amount with in before 10th day of every succeeding English calender month. The respondent is directed to deposit the maintenance amount in the petitioners account number 20111102271, State Bank of India, Brindavanam Branch, IFSC code. SBIN0001613 namely Jayanthi W/o. Gopinath.

3. As requested the respondent is permitted to deposit 2/5

Rs.10,000/- on or before 15th of every month, and the remaining Rs.10,000/- shall be deposited within 30th of every month.

4. The children are under the care and custody of the petitioner/mother. The petitioner/mother has no objection to show her children to the respondent/father. The respondent/father shall have visitation rights on every second week end of the English month. Further the respondent can have the interim custody of the children for one third or the vacation holidays or any other bulk holidays.

5. The petitioner is ready to withdraw the case penind before JM-1, Puducherry. in DVC.No.12/2022. The petitioner agreed to give up her all claims in DVC No.123/2022, except the prayer for protection order. "

3. Now, the petitioner has filed the writ petition challenging the Lok Adalat award on the ground that the Lok Adalat award was obtained by compulsion.

4. A perusal of the typed set of papers would suggest that the Lok Adalat award agreement was recorded by Puducherry Legal Services Authority headed by a Judge of the Family Court, Puducherry, and Judicial Magistrate - III and II Additional District Munsif as members of the committee. When the 3/5

agreement was recorded by the Puducherry Legal Services Authority, the petitioner failed to make any objection regarding alleged compulsion and an award was passed on 01.06.2023. The petitioner after a lapse of one year, suddenly, filed the writ petition challenging the award as if his consent was obtained by putting him under duress or compulsion.

5. The averments made by the petitioner in the affidavit cannot be taken into consideration especially when the Lok Adalat agreement was recorded by a committee consisting judicial officers. Further, the petitioner has not raised any objection immediately after passing of award and he waited for 14 months and raised an objection now. The same can only be taken as an after thought in the absence of plausible explanation for delay. Hence the grounds raised by the petitioner are unsustainable. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 22.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To 4/5

The Member Secretary, Union Territory of Puducherry, Legal Service Authority (State Authority), Puducherry.

S. SOUNTHAR, J.

av W.P No.34341 of 2024 22.11.2024 5/5