Lucknow, May 31 (PTI) In a significant ruling, the Lucknow Bench of the Allahabad High Court recently held that Lok Adalats and district legal services authorities have no jurisdiction to grant divorce decrees.
The court, in an order passed on April 30, said the power to dissolve a marriage rests exclusively with family courts, while the authority of Lok Adalats is limited to facilitating settlements between parties, and it cannot render judicial decisions.
A division bench comprising Justice Shekhar B Saraf and Justice A K Chaudhary passed the verdict on a petition by a woman challenging an order by District Legal Services Authority (DLSA), Unnao in 2018.
Her husband, she alleged, had treated the settlement recorded by the DLSA as a decree of divorce and relied on it as the basis for remarriage.
The court observed that under the Legal Services Authorities Act, 1987, and the National Legal Services Authority (Lok Adalat) Regulations, 2009, matrimonial disputes involving divorce cannot be referred to Lok Adalats for adjudication.
It emphasised that the role of a Lok Adalat is confined to promoting amicable settlement between parties and not to deciding disputes judicially.
Expressing concern over the proceedings conducted by DLSA, Unnao, the bench noted that when the law itself prohibits Lok Adalats from granting divorce, passing such orders amounts to an overreach of jurisdiction.
The court held that a clause in the settlement stating that both parties were free to remarry was legally untenable and void.
The bench clarified that no valid decree of divorce had ever been passed by a competent court in the matter. Therefore, the husband’s reliance on the settlement as proof of divorce could not be recognised in law.
While disposing of the petition, the high court granted the petitioner liberty to pursue appropriate remedies in accordance with law.
It also directed that a copy of the judgment be circulated to all Lok Adalats and district legal services authorities across the state for future guidance and compliance.
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. PTI COR NAV ARB ARB
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