Jammu & Kashmir High Court - Srinagar Bench
Mohammad Ashraf Karnai vs Judicial Magistrate Ganderbal & Anr on 8 November, 2017
Author: Sanjay Kumar Gupta
Bench: Sanjay Kumar Gupta
Serial No. 5
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
OWP No. 458/2008
Date of order: 08.11.2017
Mohammad Ashraf Karnai vs Judicial Magistrate Ganderbal & Anr
Coram:
Hon'ble Mr. Justice Sanjay Kumar Gupta, Judge
Appearing Counsel:
For Petitioner(s): None
For Respondent(s): Mr M.M. Iqbal, Advocate
The petitioner by medium of the instant writ petition has challenged the order of JMIC, Ganderbal passed in Lok Adalat on 06.02.2008 in case titled Mst. Saiqa (minor) v/s Mohammad Ashraf Karnai.
As per the petition, the petitioner married one Mst. Shama D/o Mohammad Subhan Dar in the year 1997 and out of the wedlock, one female child namely Rukhsana Bano was born. Thereafter, some dispute arose between the couple and finally the petitioner divorced his wife under compulsion basis and it was decided that the female child will live with her father and the petitioner also agreed that the female child can go to see his mother for one or two days on 19.07.2007 as usual. Subhan Dar met the petitioner when the petitioner was going for some work. The petitioner came to know that the female child has been forcibly taken without any information to the petitioner. Thereafter, the petitioner's father and brother were informed about the order passed in pursuance of a compromise. The petitioner's father moved an application before the Judicial Magistrate, Ganderbal to know who has filed the case and what are its contents. The Judicial Magistrate, Ganderbal informed the petitioner's father that it was Lok Adalat and your counsel has not informed/appeared in the matter, therefore, the order passed in the Lok Adalat cannot be withdrawn. The petitioner has not made any compromise with respect OWP No. 458/2008 Page 1 of 2 to the payment of maintenance allowance and the petitioner challenges the said order through the medium of this writ petition for quashment of the same.
I have considered the pleadings and arguments of learned counsel for the respondents.
It is law that order of Lok Adalat is final and cannot be challenged unless some irregularity has been committed.
From the bare perusal of order dated 06.02.2008, there is no irregularity in the order dated 06.02.2008, as such, the writ petition, being without any merit, is dismissed.
(Sanjay Kumar Gupta) Judge Srinagar November 08, 2017 "Hamid"
OWP No. 458/2008 Page 2 of 2