Lok Adalat Cannot Grant a Divorce Decree: Allahabad High Court 2026 Ruling Explained

In Sushma Devi v. State of U.P. (2026), the Allahabad High Court examined whether a Lok Adalat could validly pass a decree of divorce. The Court held that it cannot. The reasoning rests on the basic nature of a Lok Adalat: it is a forum for compromise and settlement, not a court that adjudicates marital status.

• Core holding: Only courts constituted under the Family Courts Act, 1984 can hear and decide matters dissolving a marriage.
• Lok Adalat’s limited role: It may help parties negotiate maintenance, custody, alimony and division of assets — but the final divorce order must come from the Family Court.
• Effect on invalid decrees: A divorce “granted” by a Lok Adalat is without jurisdiction and is legally void.

The Court relied on the framework of the Legal Services Authorities Act, 1987, which empowers Lok Adalats to resolve disputes by settlement, not by judicial determination of status. For couples before the Allahabad High Court Lucknow Bench and the district Family Courts, the practical lesson is simple: settle your terms wherever convenient, but obtain your decree from the Family Court alone.

Divorce changes a person’s legal status — it is not merely a money dispute that can be compromised. That is the key distinction the Allahabad High Court drew. A Lok Adalat works on the principle of mutual agreement, and its award is treated as a civil court decree only for matters it is competent to settle.

Marriage and its dissolution carry consequences for inheritance, legitimacy of children, maintenance and remarriage. The law therefore reserves this decision for a judicial forum that applies the grounds and safeguards built into statutes like the Hindu Marriage Act, 1955.

So a Lok Adalat can record that both spouses agree on ₹X maintenance and custody arrangements — but it cannot declare the marriage dissolved. If you need advice on whether your settlement will hold up, consult a divorce lawyer in Lucknow before signing anything.

One reason couples are tempted to use a Lok Adalat is the belief that it avoids the waiting period in mutual consent divorce. The Allahabad High Court rejected this idea. Under Section 13B of the Hindu Marriage Act, 1955, mutual consent divorce involves two motions:

1. First motion: Both spouses jointly file the divorce petition before the Family Court.
2. Cooling-off period: A statutory gap of six months (and not more than 18 months) follows.
3. Second motion: The parties reaffirm their consent and the Family Court passes the decree.

This six-month period exists so spouses can reconsider an irreversible decision. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that the cooling-off period is directory, not mandatory, and a Family Court may waive it in deserving cases. But that discretion belongs to the Family Court — a Lok Adalat has no power to waive it. Trying to bypass the waiting period through a Lok Adalat simply produces a void order.

To make sure your divorce stands up to legal scrutiny — for remarriage, property mutation, passport changes or inheritance — follow the proper route through the Family Court. Here is the step-by-step procedure for a mutual consent divorce in UP:

1. Draft and file the joint petition before the Family Court of the district where you last lived together or where the marriage was solemnised.
2. Record statements (first motion) where both parties confirm the marriage has irretrievably broken down.
3. Observe or seek waiver of the cooling-off period under Section 13B(2).
4. Attend the second motion and reaffirm consent.
5. Receive the divorce decree signed by the Family Court judge — this is the only document that legally dissolves the marriage.

For a contested divorce, you must prove a statutory ground such as cruelty, desertion or adultery before the Family Court, and the timeline is longer. Whether mutual or contested, the decree always comes from the court, never from a Lok Adalat. If a spouse refuses to cooperate, our family law team can advise on the contested route and interim maintenance.

Understanding the difference helps you set realistic expectations. A mutual consent divorce is faster and cheaper; a contested divorce takes longer because the court records evidence on the alleged ground.

Fees vary with the complexity of maintenance, custody and property issues. A Lok Adalat sitting can still be useful for settling the money and custody terms in a contested matter — reducing hostility and cost — but the matter must return to the Family Court for the actual decree. Always confirm the fee structure in writing before engaging a lawyer.

If you have already obtained a so-called divorce through a Lok Adalat, do not assume you are remarried or free to remarry. A void decree can create serious problems later — including a bigamy allegation if you remarry on its strength. Take these steps:

• Get the order reviewed by a family law advocate to confirm whether a valid Family Court decree exists.
• File a fresh mutual consent petition before the Family Court if both spouses still agree to part — the earlier settlement terms can be incorporated.
• Preserve the settlement record from the Lok Adalat — it can be useful evidence of agreed maintenance and custody.
• Avoid remarriage until a valid decree from the Family Court is in hand.

Because issues like maintenance and custody often overlap with criminal complaints (such as Section 498A or domestic violence cases), it helps to consult a lawyer who handles both. You can contact our office for a clear assessment of where your case stands and the fastest valid route forward.

Below are answers to the questions UP couples most often ask about Lok Adalats, Family Courts and divorce after the Allahabad High Court’s 2026 ruling.

Advocate Onkar Pandey is a practicing lawyer at the Allahabad High Court Lucknow Bench with over 25 years of experience in family law, divorce, maintenance, criminal law and civil litigation. Enrolled with the Bar Council of Uttar Pradesh (No. UP/4825/1999), he advises clients across Uttar Pradesh from his chamber at A-406, High Court, Lucknow. For consultation on divorce, mutual consent petitions, maintenance or custody, contact Advocate Onkar Pandey at +91 98392 71553.