Lok Adalats, DLSA have no jurisdiction to grant divorce: Allahabad High Court

General view of Allahabad High Court. File Image | Photo credit: The Hindu

In a landmark decision, the Lucknow Bench of the Allahabad High Court recently held that Lok Adalats and District Legal Service Authorities have no jurisdiction to issue divorce decrees.

The court, in an order issued on April 30, said the power to divorce rests exclusively with family courts, while the power of Lok Adalats is limited to facilitating a settlement between the parties and cannot issue judicial orders.

A division bench comprising Justice Shekhar B Saraf and Justice AK Chaudhary delivered the verdict on a petition filed by a woman challenging the 2018 order of the District Legal Services Authority (DLSA), Unnao.

Her husband, she claimed, treated the settlement recorded by the DLSA as a decree of divorce and relied on it as a basis for remarriage.

The court noted that under the Legal Services Authorities Act, 1987 and the National Legal Services Authority (Lok Adalat) Regulations, 2009, matrimonial disputes relating to divorce cannot be referred to Lok Adalats.

He emphasized that the role of Lok Adalat is limited to promoting amicable settlement between the parties and not to judicial adjudication of disputes.

Expressing concern over the proceedings conducted by the DLSA, Unnao, the bench observed that when the law itself prohibits Lok Adalats from granting divorce, passing such orders amounts to excess of jurisdiction.

The court ruled that the clause in the settlement stating that both parties could remarry was legally unsustainable and void.

The Bench clarified that no valid divorce decree was ever passed by the competent court in the matter. Therefore, the husband’s reliance on the settlement as evidence of divorce could not be legally recognized.

When dealing with the petition, the High Court gave the petitioner the opportunity to apply adequate remedies in accordance with the law.

He also directed that a copy of the judgment be circulated to all Lok Adalats and District Legal Services Authorities across the state for future instructions and compliance.

The court observed that Lok Adalats are an important mechanism for ensuring speedy and accessible justice, but they must function within the limits of their statutory authority and refrain from encroaching on areas reserved for ordinary courts.

Published – 01 Jun 2026 01:40 IST