HANUMAN SAHAI MANDAWARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred the writ petition claiming compensation of Rs. 10 crores from the government. He has further prayed for the implementation of the award of the Lok Adalat.

(2.) The brief facts of the case are that on 22-10-1999 the petitioner's wife, Smt. Badam, filed a case against the petitioner under Sections 18 and 20 of Hindu Adoption & Maintenance Act for maintenance before the Family Court No. 2, Jaipur City, Jaipur. The said case was registered as case No. 283/1999. Subsequently, she also filed another case under Section 125 Cr.P.C. for claiming maintenance from the petitioner. The said case was registered as Case No. 328/1999. Since the dispute was between the husband and the wife, both the cases were sent to the Lok Adalat, which was held on 29-7-2000. Before the Lok Adalat, the petitioner and his wife entered into a compromise, wherein the petitioner agreed to keep his wife with him, and to repay a loan borrowed by his wife. In view of the compromise, the Lok Adalat disposed of both the cases. However, as a follow up, both the cases were fixed on 4-9-2000. On 4-9-2000, while the petitioner's wife appeared before the Court, the petitioner was absent. His wife pointed out certain defaults committed by the petitioner, which were contrary to the compromise entered between the parties. Therefore, the court ordered that the case be fixed for a future date. Thereafter, the cases were again placed before the Lok Adalat on 21-10-2000. The parties again entered into a compromise. Again in view of the compromise, the cases were disposed of by the Lok Adalat. The cases were directed to be listed before the concerned court on 8-1-2001. The cases were further directed to be listed on 15-3-2001. On 15-3-2001, again while the petitioner's wife appeared, the petitioner was absent. Again the petitioner's wife pointed out certain defaults committed by the petitioner, which were contrary to the compromise. Therefore, the cases were again ordered to be fixed for a future date. Again the petitioner's wife filed an application seeking maintenance. Vide order dated 4-7-2003, the learned Family Court ordered the petitioner to pay Rs. 1,500/- per month to the wife. Aggrieved by the said order the petitioner filed a criminal revision petition before this Court. But during the pendency of the revision petition, the parties again entered into compromise before the Family Court. Therefore, on 18-7-2005, the petitioner withdrew the revision petition.

(3.) Between 2001 and 2005, more specifically on 18-6-2002, the petitioner preferred a case for the child custody. However, the said case was dismissed on 4-7-2003. Aggrieved by the order dated 4-72003, the petitioner filed a Misc. Appeal before this Court. After hearing the children, this Court dismissed the said appeal vide order dated 5-11-2003.