Lok Adalats Cannot Grant Divorce Decrees, Matrimonial Disputes Require Family Court Intervention
In a significant ruling, the Allahabad High Court has reiterated that Lok Adalats do not possess the jurisdiction to grant divorce decrees or ratify any settlements purporting to grant a divorce. This decision was delivered in the case of Smt. Sushma Devi v. State of U.P., where the court examined the legality of a divorce settlement allegedly facilitated by the District Legal Services Authority (DLSA) in Unnao.
The petitioner, Smt. Sushma Devi, filed a writ under Article 226 of the Constitution, challenging an order passed by the DLSA that purported to ratify a divorce between her and her husband, respondent No. 3. The court found that the DLSA had overstepped its jurisdiction by handling a matter related to divorce, which falls exclusively within the purview of Family Courts as per Section 13B of the Hindu Marriage Act, 1955.
The bench, comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary, highlighted several irregularities in the proceedings of the Lok Adalat. It noted that the Lok Adalat had mechanically endorsed a settlement allowing the parties to remarry, a provision found to be "absolutely illegal and forbidden by law."
The court directed that the matter be referred to the Mediation & Conciliation Centre for a resolution on the financial and material entitlements of the petitioner, with instructions for both parties to appear before the Centre on February 11, 2026.
In its judgment, the court emphasized that Lok Adalats are primarily meant for facilitating amicable settlements in pre-litigation and pending cases but must operate within the confines of statutory limitations. It pointed out that the Lok Adalat cannot issue divorce decrees, a function reserved for competent courts, and underscored the importance of ensuring that settlements are legal, reasonable, and voluntary.
The ruling serves as a crucial reminder of the jurisdictional boundaries of Lok Adalats, ensuring that matrimonial disputes are addressed by the appropriate judicial forums to prevent misuse and maintain judicial integrity.
Bottom Line:
Lok Adalat does not have the jurisdiction to grant a divorce decree or ratify any settlement that purports to grant a divorce. Matrimonial disputes requiring a formal divorce decree fall within the exclusive domain of Family Courts.
Statutory provision(s): Legal Services Authorities Act, 1987 Sections 22A to 22E, Section 9, Regulation 10, Regulation 17, Hindu Marriage Act, 1955 Section 13B
Smt. Sushma Devi v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2910553
