On Saturday, in a significant procedural challenge concerning the limits of Lok Adalats' authority in matrimonial disputes, the Allahabad High Court stepped in to examine whether a divorce could legally be treated as valid on the basis of a mediation settlement recorded before the District Legal Services Authority (DLSA). The case arose after a husband relied upon a pre-litigation settlement to claim that his marriage had dissolved and that both parties were free to remarry. Scrutinising the legality of such action, the Court closely examined whether the DLSA had exceeded its statutory role under the Legal Services Authorities Act and the governing regulations.
The controversy began when the husband approached the DLSA, through a pre-litigation proceeding in 2018, following which the matter was referred to mediation. According to the wife, her signatures were obtained fraudulently on settlement documents that were later treated as terms for divorce, leading the DLSA to dispose of the matter. The dispute escalated when the husband relied on the settlement to justify a second marriage, contending that a divorce by mutual consent had already taken place.
The wife, however, challenged this claim, asserting that the parties continued to live together even after the settlement and that a daughter was born from their marriage in 2019. After her review application before the DLSA was dismissed, she approached the High Court seeking intervention against both the settlement proceedings and the subsequent order.
The Division Bench of Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary found serious flaws in the manner in which the DLSA handled the matter and clarified that no divorce had ever been granted between the parties. Emphasising that Lok Adalats possess only a facilitative role and no adjudicatory jurisdiction, the Bench observed, “This Court fails to comprehend that when a divorce matter itself cannot be referred to Lok Adalat, how a decree of divorce could have been expected to be granted by any Lok Adalat in a pre-litigation matter.” The Court further criticised the inclusion of a settlement clause stating that the parties were “free to re-marry”, calling it illegal and contrary to law. The Bench remarked that Lok Adalats must not “usurp the power of a competent court” and must operate strictly within the statutory framework.
Consequently, the writ petition was disposed of with a categorical clarification that no formal divorce decree exists between the parties, while granting the wife liberty to pursue remedies available in law and directing circulation of the judgment to all Lok Adalats and DLSAs across Uttar Pradesh for compliance and guidance.
Source PTI
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