IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21928 of 2010(M)
1. SURESHKUMAR .K
... Petitioner
Vs
1. MANJUSHA K
... Respondent
2. THE DISTRICT LEGAL SERVICES AUTHORITY
For Petitioner :SRI.PREMCHAND R.NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :14/07/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.21928 of 2010
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Dated this the 14th day of July, 2010
J U D G M E N T
A dispute between the petitioner and his wife in
respect of maintainability of their younger son, who is a
minor, was taken up before the Lok Adalath under the
Thiruvananthapuram District Legal Services Authority and
Ext.P1 settlement was signed by the petitioner agreeing to
pay Rs.5,000/- per month to his younger son. He is
challenging Ext.P1 on the ground that he was coerced to
sign the same and he cannot afford to pay Rs.5,000/- since
his monthly income is only Rs.9,851/- especially since he has
to incur heavy expenses for treatment and medicine and
bystander charges for his 80 year old mother. According to
him he can afford only Rs.2,500/-, for which only he has
agreed. I cannot countenance the contention that a judicial
officer has coerced the petitioner to sign a settlement. The
Statute prohibits challenging orders of settlement arrived at
W.P.(C)No.21928 of 2010
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by the Lok Adalath particularly when the party has signed
this settlement. That being so, the petitioner cannot
challenge Ext.P1 settlement. Therefore this writ petition is
dismissed.
S. SIRI JAGAN
JUDGE
shg/