SIJI ANTONY Vs. SAJI JOHN

JUDGEMENT

(1.) The above petition is filed under Section 24 of the Code of Civil Procedure for transfer of a matrimonial proceeding pending on the file of the Family Court, Alappuzha to the Family Court, Kozhikode. Petitioner is the wife, and respondent, the husband. On appearance of the respondent/husband, counsel on both sides submitting that there is a fair chance of settlement requested for reference of the petition to the Lok Adalat to thrash out a compromise. Conceding to the request the transfer petition was referred to the Lok Adalat.

(2.) The Lok Adalat organised by the Kerala High Court Legal Service Committee on such reference has passed an award declaring the marriage of the petitioner and the respondent as null and void. The award passed by the Lok Adalat reads thus:

(3.) On reference returned with the award, competency of the Lok Adalat organized under the Legal Service Authorities Act to declare a marriage null and void being doubted, I directed the counsel on both sides to enlighten this Court whether it is proper and legal to dispose the transfer petition accepting the settlement arrived by the parties with declaration passed under the award. Counsel on both sides frankly conceding that there is no binding decision on the question involved, have brought to my notice, the decision rendered by the Apex Court in Rajesh v. State of Rajasthan and Anr., 2009 4 SCC 199 in which on the basis of the settlement arrived at by the parties at the Supreme Court Lok Adalat, to which a transfer petition relating to a criminal proceeding between the parties filed before the Apex Court was referred to, the Apex Court accepting the settlement had granted a decree of divorce. As the Apex Court has recognized the joint settlement arrived in the Lok Adalat on the reference made in the transfer petition, that too filed in respect of a criminal case involving spouses, learned Counsel on both sides submitted that the award passed in the present case by the Lok Adalat declaring the marriage between the parties as null and void on the basis of the settlement arrived by the spouses can be accepted and given effect to, and the transfer petition be closed accordingly. Some other decisions of this Court and also the Apex Court namely, Vasudevan v. State of Kerala, 2003 3 KerLT 993 Aboobacker v. District Collector, 2006 3 KerLT 670 Rajesh v. State of Rajasthan and Anr., 2009 4 SCC 199 are also relied by the counsel on both sides to impress upon the sweeping authority of the Lok Adalat constituted under the Legal Service Authorities Act to contend that it is fully empowered to exercise all powers of the reference court in passing an award on the basis of the settlement arrived at by the parties.