Lok Adalat Cannot Grant Divorce — Has No Adjudicatory Jurisdiction: Allahabad HC in Sushma Devi v. State of UP

This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.

Lok Adalat Cannot Grant Divorce — Has No Adjudicatory Jurisdiction: Allahabad HC in Sushma Devi v. State of UP

Citation: 2026 LiveLaw (AB) 303
Court: Allahabad High Court
Bench: Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary
Date: May 31, 2026
Petitioner: Sushma Devi
Respondents: State of U.P. through Principal Secretary, Department of Law, Lucknow, and others

Facts

Sushma Devi approached the Allahabad High Court after a purported “divorce decree” was issued in proceedings before a Lok Adalat or DLSA (District Legal Services Authority) in Uttar Pradesh. The DLSA had assumed adjudicatory powers not conferred on it by statute — effectively acting as a Family Court to pronounce a dissolution of marriage.

Holding

The Division Bench held that a Lok Adalat or DLSA has “no legal competence or jurisdiction to grant a decree of divorce.” The power to dissolve a marriage vests exclusively in competent civil courts and Family Courts established under the Family Courts Act, 1984. The bench criticised the conduct as “usurping Family Court Powers.”

A Lok Adalat’s statutory function under the Legal Services Authorities Act, 1987 is conciliation — recording a settlement reached between parties and issuing an award in those terms. It cannot conduct a trial, examine evidence, or apply substantive personal law provisions to facts. A decree of divorce — including a mutual consent decree under Section 13B of the Hindu Marriage Act, 1955 — requires the Family Court to verify consent, satisfy itself that the statutory grounds are met, and record the decree in accordance with the prescribed procedure. A Lok Adalat may facilitate pre-decree settlement discussions but cannot itself pronounce the dissolution.

Any purported divorce decree issued by a Lok Adalat or DLSA without the involvement of a competent court has no legal validity. A party relying on such an order for remarriage or for property or succession purposes risks serious legal consequences.

Principle

Lok Adalats possess conciliatory, not adjudicatory, jurisdiction. Subject-matter jurisdiction over divorce is conferred by Parliament exclusively on Family Courts and competent civil courts; it cannot be exercised by a DLSA or Lok Adalat regardless of the parties’ consent or the terms of any purported settlement award.

Relevant Provisions

Section 19, Legal Services Authorities Act, 1987 — Constitution and jurisdiction of Lok Adalats.
Section 20, Legal Services Authorities Act, 1987 — Cognizance of cases by Lok Adalats.
Section 21, Legal Services Authorities Act, 1987 — Award of Lok Adalat.
Section 13B, Hindu Marriage Act, 1955 — Divorce by mutual consent.
Section 7, Family Courts Act, 1984 — Jurisdiction of Family Courts.

Useful Resources

Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.