LAWS(J&K)-2000-12-9

TSERING DOLKAR Vs. SONAM YOUNGJOR

Decided On December 23, 2000
TSERING DOLKAR Appellant
V/S
Sonam Youngjor Respondents

JUDGEMENT

(1.) THIS appeal arises out of a judgment and decree passed by District Judge Leh on 16 -4 -1999. The parties to the appeal are spouses. Respondent -husband filed a petition under section 13 - for dissolution of the marriage by a decree of divorce. Desertion and cruelty are the two grounds taken by the petitioner -husband before the Trial court. When the appellant appears before the court on 23 -7 -1998, she received a copy of the petition, on her behalf, on the subsequent date i.e. 27 -8 -1998, an advocate also appears. However, on 2 -3 -1999 she prays for an adjournment for filing her written statement. On 16.4.1999 the Court records the statements of the parties. It is worth while to place on record that on 10 -12 -1998 the court seems to have made an attempt to pursuade the respondent to enter into a compromise but with all pursuation appellant persisted on filing of the written statement. However, on 16.4.99, after recording the statements of the parties, the court decided to hear the matter in its capacity as Lok Adalat and decreed the petition on the strength of an agreement on behalf of the defendant Appellant.

(2.) THE main ground taken in the appeal is that she never gave any consent to the dissolution of marriage and the court below has erroaeouly attributed the consent to her.

(3.) MR . Goja learned cousel appearing for the respondent, has raised a preliminary two -fold objection. According to him, this is judgment and decree passed by the court in its capacity as Lok Adalat which, under sub -sec.(2) of section 20 of the J&K Legal Services Authorities Act, 1997 (hereinafter referred to as the Act), is not appealable. Second limb of the this argument is that even if this is treated to be a judgment and decree under the Code of Civil Procedure then also in terms of section 96 no appeal from a consent decree shall lie. I have registered both the aspects of this argument.