Lok Adalat Can Help Settle Disputes but Cannot Grant Divorce, Says Allahabad High Court

The Allahabad High Court has clarified that a settlement recorded before a District Legal Services Authority (DLSA) or Lok Adalat cannot legally dissolve a marriage, holding that only a competent court can grant a valid decree of divorce. The ruling came in a case where a husband relied on a 2018 DLSA settlement to claim that he and his wife had mutually divorced and that his subsequent remarriage was therefore lawful.

A Division Bench comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary held that no valid divorce had ever taken place between the parties. The Court observed that despite the settlement before the DLSA, there was never a formal divorce decree issued by a Family Court under the law. Consequently, the marriage continued to subsist in the eyes of law.

The dispute arose when the wife challenged a settlement report dated June 12, 2018, and a subsequent DLSA order that the husband claimed amounted to a divorce by mutual consent. The wife argued that her signatures had been obtained fraudulently and that the settlement had no legal effect as a divorce decree. During the proceedings, the Court sought an explanation from the mediator involved in the matter, who clarified through an affidavit that he had merely facilitated discussions and recorded the settlement. He emphasized that mediators possess no adjudicatory authority and cannot grant or ratify a divorce.

Examining the legal framework governing Lok Adalats, the Court noted that Regulation 10(2) of the National Legal Services Authority (Lok Adalats) Regulations, 2009 specifically excludes divorce matters from being referred to Lok Adalats. It further stressed that Lok Adalats are only empowered to facilitate settlements and have no jurisdiction to adjudicate disputes or issue directions affecting marital status. The Bench criticized the inclusion of a clause in the settlement permitting the parties to remarry, observing that such a term was legally impermissible because no divorce had been granted by a competent court.

The Court also expressed concern over the manner in which the proceedings were handled, describing the orders passed by the DLSA as cryptic and mechanical. It remarked that the husband's assertion that the settlement amounted to a divorce was "without any basis or force of law." While acknowledging the valuable role played by Lok Adalats in promoting affordable and speedy justice, the Court warned that they cannot exercise powers reserved exclusively for regular courts.

Disposing of the writ petition, the High Court categorically declared that no formal divorce decree exists between the parties and granted the wife liberty to pursue remedies available under law. It further directed that a copy of the judgment be circulated to all Lok Adalats and DLSAs across Uttar Pradesh to ensure compliance with the statutory limits on their powers and to prevent similar legal misunderstandings in the future.