The Allahabad High Court held that Lok Adalats and District Legal Services Authorities cannot grant divorce decrees or exercise adjudicatory powers that are vested exclusively in Family Courts. The Court observed that the role of Lok Adalats is limited to facilitating settlements and compromises between parties and that they do not possess the authority to dissolve marriages or decide matrimonial disputes in the manner of a judicial court.
The ruling was delivered by a Division Bench comprising Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary while hearing a petition filed by a woman challenging proceedings conducted before the District Legal Services Authority, Unnao. The dispute arose from a settlement entered into during pre-litigation proceedings, which was later relied upon by the husband to claim that the marriage had been dissolved through mutual consent.
According to the facts placed before the Court, the husband had approached the District Legal Services Authority in a pre-litigation matter. The dispute was referred for mediation, following which a settlement agreement was prepared. The woman alleged that her signatures had been obtained fraudulently and that terms concerning divorce were included in the settlement. She contended that the proceedings were subsequently used to create the impression that a valid decree of divorce had been granted.
The husband relied on the settlement and the proceedings before the authority to assert that the marriage stood dissolved by mutual consent. The woman challenged this position and approached the authority through a review application. Although the review application was dismissed, the authority clarified that its order did not declare the marriage dissolved or treat it as having been legally terminated. The woman thereafter approached the High Court challenging the review order as well as the earlier proceedings.
During the hearing, the High Court sought clarification regarding the role played by the individuals involved in the settlement process. An affidavit was placed before the Court stating that the person conducting the proceedings had acted only as a mediator and had no authority to grant, approve or pass a decree of divorce. This clarification became important in determining the legal effect of the settlement relied upon by the husband.
While examining the matter, the Court considered the provisions of the Legal Services Authorities Act and the National Legal Services Authority Regulations. It observed that matrimonial matters involving divorce cannot be referred to Lok Adalats in a manner that results in the grant of a divorce decree. The Court emphasized that Lok Adalats are intended to encourage amicable settlement of disputes and are not empowered to adjudicate matters requiring judicial determination.
The Bench noted that the governing regulations specifically prohibit Lok Adalats from granting divorce by mutual consent. According to the Court, when the law itself excludes such authority, settlement proceedings before a Lok Adalat or District Legal Services Authority cannot be treated as proof that a marriage has been legally dissolved. The Court observed that any assumption to the contrary lacks legal basis.
The judgment stressed the distinction between facilitating a settlement and exercising judicial powers. While Lok Adalats perform an important function in reducing litigation and encouraging consensual resolution of disputes, they must operate strictly within the limits prescribed by law. The Court observed that these bodies cannot assume powers that belong exclusively to courts established under the statutory framework.
The High Court further stated that the authority to dissolve a marriage lies with a competent Family Court acting in accordance with the procedure prescribed by law. A decree of divorce can only be granted after compliance with the statutory requirements governing matrimonial disputes. Such power cannot be exercised by a Lok Adalat merely because parties have participated in settlement proceedings.
After examining the facts and the legal position, the Court held that no valid decree of divorce had ever been passed between the parties. It clarified that the settlement proceedings before the District Legal Services Authority did not have the legal effect of dissolving the marriage. The Court also observed that the woman remained free to pursue any remedies available to her under the law.
The judgment reaffirmed that Lok Adalats and District Legal Services Authorities are institutions meant for settlement and conciliation rather than adjudication. By holding that they cannot grant divorce decrees or exercise the powers of Family Courts, the Allahabad High Court emphasized the need to preserve the statutory limits governing matrimonial proceedings and judicial decision-making.
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