Ignorance of settlement terms, lawyer's failure to communicate not grounds to set aside Lok Adalat award: Kerala High Court

The Kerala High Court recently held that a person cannot challenge an award passed by the Lok Adalat merely because he or she was not aware of the terms of settlement in the award or because the same was not properly communicated by her or his lawyer. [Sajitha & Anr. V Baldbose & Anr.].Justice Mohammed Nias CP made the observation while dismissing a woman's (petitioner) plea challenging a Lok Adalat award in a matrimonial dispute. .The petitioner had challenged the award on the ground that she was not made aware of the contents of the compromise contained in the award. The Court was told that her counsel had also failed to inform her of the terms of settlement in the award. .The High Court, however, dismissed the plea after noting that there was no allegation of any fraud having been committed in passing the award. “The ground that she was not aware of the contents of the compromise and that she was not communicated about the same by her counsel cannot be accepted. At any rate, the same cannot be a ground to challenge the award of the Lok Adalat,” the Court added. .The petitioner and her husband’s marriage was solemnized on January 29, 2009. However, the relations between the two became strained in 2010. The petitioner alleged that she and her minor son were constrained to go to her parental house on September 20, 2010, due to her husband’s severe physical attack and aggressive nature.Thereafter, the husband filed a petition for divorce in a Family Court.Disputes also emerged over allegations that the husband had received 41 sovereigns of gold ornaments and ₹ 50,000 as dowry. The petitioner also claimed that household articles worth ₹ 75,000 was given by her parents, following demands by her husband. The case was eventually posted before a Lok Adalat, which passed a settlement award..On receiving the award passed by Lok Adalat, however, the petitioner alleged that the terms and conditions of the award were not properly communicated to her by her counsel and that she was not aware of the contents of the said award.In particular, she registered a grievance over the decision of the Lok Adalat to lift a stay on the attachment on certain property belonging to her husband. The petitioner also highlighted that the award mentioned ordered the return of only about 26 sovereigns of gold to her. .Therefore, she approached the High Court to challenge the award. The petitioner contended that the Lok Adalat did not apply its mind. She further argued that the Lok Adalat did not follow the principles of justice, equity, fair and fair play..The High Court, however, dismissed the petition in an order dated July 14. "There is nothing in the instant case to set aside the facts recorded in the award as fraudulent. It is to be noted that there is not even a plea in that regard. For the above reasons, I find no merit in the writ petition, which is accordingly dismissed," the Court held. .[Read Judgment]