Allahabad HC says, Interference in family court’s jurisdiction not lawful

Lucknow ( Vivek Ojha) : The Lucknow Bench of the High Court has clarified in a significant decision that the Lok Adalat or the District Legal Services Authority has no authority to grant a divorce decree.

This decision was given by the Division Bench of Justice Shekhar B Saraf and Justice AK Chaudhary on a petition in which a woman challenged an order passed by the Unnao District Legal Services Authority in 2018. The husband had considered the said settlement as a divorce and made it the basis for remarriage.

The court stated that the jurisdiction to grant a divorce decree lies only with the Family Court, and Lok Adalats are limited to facilitating settlements; they cannot deliver judicial decisions.

Lok Adalats cannot grant divorce decrees : The court stated that, according to the Legal Services Authorities Act, 1987, and the National Legal Services Authority (Lok Adalat) Regulations, 2009, divorce-related matters cannot be referred to Lok Adalat for adjudication.

The function of Lok Adalat is only to attempt settlement between the parties, not to judicially resolve disputes. The court expressed serious displeasure at the action of the Legal Services Authority, Unnao, stating that when the law itself prohibits Lok Adalats from granting divorce, passing such orders amounts to exceeding jurisdiction.The court also said that mentioning in the settlement that both parties are free to remarry is legally unacceptable and illegal.

The court clarified that till date, no decree of divorce has been duly passed by a competent court between the parties; the husband’s claim that the said settlement is grounds for divorce cannot be considered legally valid. The court said that Lok Adalats are an important medium for a speedy and accessible justice system, but they must function within the limits of their jurisdiction. They should not enter areas reserved for regular courts.