Crime
Divorce Powers Rest Exclusively with Courts, Says Allahabad High Court
The Allahabad High Court has clarified that Lok Adalats and District Legal Services Authorities do not have the legal authority to dissolve marriages or issue divorce decrees. The court emphasized that only Family Courts and other competent judicial forums can grant divorce under the law.
The Lucknow Bench of the Allahabad High Court has ruled that Lok Adalats and District Legal Services Authorities (DLSAs) lack the jurisdiction to grant divorce decrees, reaffirming that the authority to dissolve a marriage lies exclusively with Family Courts and other legally competent courts.
The ruling came while the court was hearing a petition filed by a woman challenging a 2018 order passed by the District Legal Services Authority in Unnao. The petitioner contended that her husband had treated a settlement recorded before the DLSA as a valid divorce decree and subsequently relied upon it to remarry.
A Division Bench comprising Justice Shekhar B. Saraf and Justice A. K. Chaudhary examined the legal framework governing Lok Adalats and observed that such forums are intended to facilitate amicable settlements between parties rather than adjudicate disputes requiring judicial determination.
The Bench noted that under the Legal Services Authorities Act and the relevant Lok Adalat Regulations, matrimonial disputes involving the dissolution of marriage cannot be decided by Lok Adalats. Their role is limited to assisting parties in reaching mutually acceptable settlements and does not extend to exercising powers reserved for courts.
The court further declared legally unsustainable a clause in the settlement agreement that purportedly allowed the parties to remarry. According to the judgment, no valid divorce decree had been issued in the matter, meaning the marriage had not been legally dissolved through the prescribed judicial process.
To prevent similar misunderstandings in the future, the High Court directed that a copy of the judgment be circulated to all Lok Adalats and District Legal Services Authorities across Uttar Pradesh. The directive aims to ensure uniform compliance with the law and reinforce the limits of jurisdiction exercised by such forums.
Legal experts believe the ruling will serve as an important precedent in clarifying the distinction between settlement mechanisms and judicial adjudication, particularly in sensitive matrimonial matters where statutory procedures must be strictly followed.