Case Title : Case Title: Vijaya K Vs. Muraleedharan K G
Bench : HON’BLE MR. A. MUHAMED MUSTAQUE JUDGE, MRS. SOPHY THOMAS JUDGE
O.P.NO.539/2007
Date : 13th Day of June
Facts :
1. The case is an appeal resulting from an award passed by the Lok Adalat in Thrissur.
2. The parties involved in the case had matrimonial disputes that were resolved in the Lok Adalat.
3. The brief award passed in the Lok Adalat stated that the parties had reconciled and decided to live together in a rented house. The respondent agreed to settle half share in a property owned by him in the name of the wife petitioner.
4. The appellant moved the execution court to execute the award, but it was dismissed.
5. The appellant alleges that the respondent refused to execute the deed and ill-treated her, leading to her discontinuation of stay.
6. The appellant argues that the award is inexecutable because it lacks the necessary details and does not meet the criteria of a decree.
Analysis :
1. Lack of Clarity in the Award: The award passed by the Lok Adalat appears to be vague and lacking in clarity. It does not provide specific details regarding the property settlement, such as the nature of the obligation to be performed or the specific property involved. This lack of clarity raises concerns about the enforceability of the award.
2. Failure to Ensure Executability: The Lok Adalat officers responsible for passing the award should have applied their minds to ensure that the award is executable. They should have taken into account the requirements outlined in Order 20, Rules 6(1) and (9) of the Civil Procedure Code, which stipulate the necessary contents of a decree. However, in this case, the award lacks essential details, making it difficult to enforce.
3. Allegations of Breach: The appellant alleges that the respondent refused to execute the deed and mistreated her, leading to the appellant discontinuing her stay. These allegations
indicate a breach of the terms agreed upon in the award and further complicate the execution process.
4. Executability of the Decree: Due to the lack of specific details and the failure to meet the criteria of a decree, the award is deemed as executable. Without the necessary information and clarity, it becomes challenging to enforce the obligations outlined in the award.
Judgement :
Based on the analysis above, the court dismisses the Matrimonial Appeal. No order is given regarding costs.
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WRITTEN BY – ANVITHA RAO
