The Allahabad High Court held that Lok Adalats and District Legal Services Authorities cannot grant divorce decrees, ruling that only family courts possess jurisdiction to dissolve marriages, while Lok Adalats are limited to facilitating settlements and lack authority to exercise judicial powers in matrimonial disputes.
The Lucknow Bench of the Allahabad High Court has ruled that Lok Adalats and District Legal Services Authorities (DLSAs) do not possess the legal authority to grant divorce decrees. In its order dated April 30, a Division Bench comprising Justice Shekhar B. Saraf and Justice A.K. Chaudhary held that the power to dissolve a marriage is vested solely in family courts, whereas Lok Adalats are only empowered to facilitate settlements between disputing parties and cannot exercise judicial powers.
The ruling came while deciding a petition filed by a woman challenging an order passed by the District Legal Services Authority, Unnao, in 2018. The petitioner contended that her husband had treated a settlement recorded before the DLSA as a valid decree of divorce and subsequently relied upon it to remarry.
Examining the legal framework under the Legal Services Authorities Act, 1987, and the National Legal Services Authority (Lok Adalat) Regulations, 2009, the Court observed that matrimonial matters involving dissolution of marriage cannot be referred to Lok Adalats for adjudication. The Bench reiterated that the function of a Lok Adalat is restricted to encouraging amicable settlements and does not extend to delivering judicial determinations.
Expressing concern over the manner in which the proceedings were conducted by the DLSA, Unnao, the Court noted that granting a divorce through a Lok Adalat is beyond the scope of its statutory powers. The Bench held that the provision contained in the settlement permitting both parties to remarry was legally unsustainable and had no legal effect.
The Court further clarified that no valid decree of divorce had ever been issued by a competent court in the case. Consequently, the husband could not legally rely upon the DLSA settlement as evidence of a lawful dissolution of marriage.
While disposing of the petition, the High Court granted liberty to the petitioner to pursue appropriate legal remedies available under law. It also directed that copies of the judgment be circulated among all Lok Adalats and District Legal Services Authorities across Uttar Pradesh to ensure future compliance and awareness.
The Court observed that
“Lok Adalats are an important mechanism for ensuring speedy and accessible justice, but they must operate within the limits of their statutory authority and refrain from encroaching upon areas reserved for regular courts.”
