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Allahabad HC says only family courts can grant divorce
Lucknow: In a significant verdict, the Allahabad High Court has clarified that Lok Adalats (People’s Courts) cannot pass a final decree of divorce.
The court emphasized that the authority to grant divorce lies solely with Family Courts. Lok Adalats can only facilitate settlements and cannot make binding judicial decisions.
Background of the Case
The ruling came after a challenge to a 2018 order in which a woman’s case had led her husband to believe that the marriage had been legally dissolved. Acting on this, he remarried. The woman approached the High Court, arguing that the earlier decision was invalid.
Bench Verdict
The bench, consisting of Justice Cratchural Shekhar B. Saraf and Justice Grant A.K. Chaudhary, ruled that neither a Lok Adalat nor a District Legal Services Authority (DLSA) has the power to issue a divorce decree. The court also noted that under the Legal Services Authorities Act, 1987, and the National Legal Services Authority (Lok Adalat) Regulations, 2009, divorce matters cannot be resolved through Lok Adalats.
Role of Lok Adalats Clarified
The court emphasized that Lok Adalats are meant only for amicable settlements and cannot encroach on the jurisdiction of regular courts. Divorce and other sensitive matrimonial matters require formal judicial proceedings, and only courts can grant a legally valid decree.
Impact of the Decision
The High Court criticized the actions of the Unnao District Legal Services Authority for exceeding its jurisdiction. The court stated that any remarriage or legal conclusions based on an unauthorized divorce order are invalid. It instructed all authorities to operate strictly within their legal powers.
This verdict reinforces that Lok Adalats are designed to promote compromise, not to issue legally binding judgments in matters like divorce. Only Family Courts hold the authority to decide on the dissolution of marriage.
