Once Fresh DV & CrPC Proceedings Are Initiated, Lok Adalat Award Becomes Non-Executable For Same Claims: J&K High Court

“Once fresh proceedings under the Domestic Violence Act and Section 125 CrPC are initiated and interim maintenance is granted therein, the prior award becomes non-executable for the same claims. The remedy lies either in executing the award or reviving the original proceedings, not both,” ruled Justice Sanjay Dhar.

Thus ruling came in a petition filed by Tariq Wali challenging a Lok Adalat award as well as an execution order passed by the Chief Judicial Magistrate, Shopian. Wali's wife and their minor daughter had earlier instituted proceedings under Section 12 of the Protection of Women from Domestic Violence Act and Section 125 CrPC, in addition to lodging police complaints, alleging matrimonial discord.

These proceedings were resolved through a detailed compromise before the Lok Adalat, which culminated in the award. The terms of the compromise included a mutual commitment to resume matrimonial life, with the husband agreeing to maintain his wife and daughter with dignity and financial support. Key clauses included a Rs. 10 lakh deposit for the daughter's future, monthly maintenance of Rs. 40,000 to the wife, provision of separate accommodation at Srinagar, and the requirement that extended family members would not interfere in their marital life.

However, the reconciliation proved short-lived. The wife left the matrimonial home in March 2022 and once again approached the courts by filing fresh petitions under the DV Act and Section 125 CrPC. In these fresh proceedings, interim maintenance of Rs. 25,000 and Rs. 20,000 per month, respectively, was granted.

Simultaneously, she moved for execution of the 2021 Lok Adalat award, claiming breach of its terms and seeking recovery of maintenance arrears. The Chief Judicial Magistrate, Shopian, not only initiated execution but also ordered recovery of Rs. 5.65 lakhs and issued a levy warrant for an additional Rs. 2.40 lakhs against Tariq Wali.

Court's Observations:

Justice Sanjay Dhar, after examining the sequence of events, underscored the legal incongruity of pursuing parallel remedies. The Court noted that when a party has chosen to initiate a second round of proceedings under the DV Act and CrPC, and obtained fresh interim maintenance orders, the award based on a prior compromise cannot be enforced for the same claims.

“If at all the petitioner had resiled from the terms of the compromise dated 17.04.2021,” the Court observed, “the option available with the respondents was either to get the award of the Lok Adalat executed or to seek revival of the earlier petitions… Both these proceedings… cannot be continued by the respondents.”, the court explained.

Justice Dhar made it clear that by initiating fresh legal actions and securing new interim reliefs, the earlier award had become non-executable. “Once respondent No.1 has taken resort to filing of fresh petitions… and even obtained orders of interim maintenance… she cannot seek recovery of maintenance on the basis of compromise… in similar proceedings initiated in the first round of litigation,” the Court ruled.

In view of these observations the High Court accordingly quashed the execution proceedings and the levy warrant order passed by the Chief Judicial Magistrate, Shopian. However, it upheld the interim maintenance orders granted in the fresh proceedings and directed the petitioner to comply fully with those, including any outstanding arrears.

Case Title: Tariq Wali Vs Beenish Aijaz

Citation: 2025 LiveLaw (JKL) 198

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