In a significant ruling on the limits of Lok Adalat powers, the Allahabad High Court's Lucknow Bench has held that a Lok Adalat or District Legal Services Authority (DLSA) cannot grant a decree of divorce. The Court clarified that a settlement recorded before a Lok Adalat cannot be treated as a valid dissolution of marriage under law.
The judgment came while hearing a petition filed by Smt. Sushma Devi challenging proceedings before the District Legal Services Authority, Unnao.
Case Background
According to the record, the husband had initiated a pre-litigation proceeding before the DLSA in 2018. A settlement was recorded on June 12, 2018, and the matter was subsequently disposed of by the Authority. The husband later relied on those proceedings to claim that the marriage had been dissolved by mutual consent and that he was free to remarry.
The wife disputed this claim and alleged that her signatures had been obtained fraudulently. She also pointed out that the couple continued to live together after the alleged settlement and that a daughter was born to them in November 2019, indicating that no valid divorce had taken place.
Court's Examination of the Lok Adalat Proceedings
A bench comprising Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary closely examined the role of the DLSA and the Lok Adalat in the matter. The Court noted that under the National Legal Services Authority Regulations, matters relating to divorce cannot be referred to a Lok Adalat for adjudication.
The bench observed:
"Lok Adalat shall only have the power to help the parties arrive at a compromise or settlement and not issue any direction or order in respect of such dispute."
The Court emphasized that a Lok Adalat acts only as a facilitator and cannot assume the powers of a Family Court.
Court Finds Serious Procedural Lapses
The High Court expressed concern over the manner in which the proceedings were conducted. It noted that the notice, referral to mediation, and settlement process were completed with unusual haste. The Court also found fault with certain terms of the settlement, including a clause suggesting that the parties were free to remarry.
According to the bench, such a condition was contrary to law because only a competent court can dissolve a marriage and permit parties to remarry after a valid divorce decree.
The judges further observed that the cryptic orders passed by the Lok Adalat appeared to have been made mechanically and without proper application of mind.
Decision
Disposing of the writ petition, the Allahabad High Court categorically held that no formal divorce decree had ever been granted between the petitioner and her husband. The Court stated that the settlement proceedings before the DLSA could not be treated as a valid divorce under law.
“The ground taken by the respondent that the settlement/orders of the Authority or the Lok Adalat amounted to a divorce is without any basis or force of law,” the bench observed.
The Court granted liberty to the petitioner to pursue appropriate legal remedies in accordance with law and directed that a copy of the judgment be circulated to Lok Adalats and DLSAs across Uttar Pradesh for future guidance and compliance.
Case Details:
Case Title: Smt. Sushma Devi v. State of U.P. Through Principal Secretary, Department of Law & Others
Case Number: Writ-C No. 12174 of 2025
Judges: Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary
Decision Date: April 30, 2026
