The Allahabad High Court has ruled that Lok Adalats and District Legal Services Authorities have no jurisdiction to grant divorce decrees, saying the power to dissolve a marriage rests exclusively with Family Courts. The Lucknow Bench of the High Court made the observation while hearing a petition filed by a woman challenging a 2018 order of the District Legal Services Authority in Unnao. The petitioner alleged that her husband had treated a settlement recorded before the DLSA as a divorce decree and relied on it for remarriage.
A Division Bench of Justices Shekhar B. Saraf and A.K. Chaudhary held that under the Legal Services Authorities Act and Lok Adalat Regulations, matrimonial disputes involving divorce cannot be adjudicated by Lok Adalats. The court said Lok Adalats are empowered only to facilitate amicable settlements and cannot exercise judicial powers reserved for competent courts.
The Bench declared as legally untenable a clause in the settlement permitting the parties to remarry. It clarified that no valid divorce decree had been passed in the case. The High Court has directed that its judgment be circulated to all Lok Adalats and District Legal Services Authorities in Uttar Pradesh for guidance and compliance.
