Lok Adalat has no jurisdiction to declare Marriage as null and void

Members of the Lok Adalat have been cautioned not to conduct Adalats like courts by hearing parties and imposing their views as to what is just and equitable and then to proceed passing orders on merits. Settlement on consent of the parties cannot override statutory interdictions in passing of an award by the Lok Adalats on such compromise. Exclusive jurisdiction in the matter of matrimonial disputes of spouses is conferred on the Family Courts established under the Family Courts Act and the resolution of such dispute is covered by the procedural safeguards mandating conciliation before adjudication and then also strict compliance of personal laws applicable to the parties in rendering a decision. A Family Court on a joint settlement of the parties alone, without examining the existence of one or grounds mandated by the statute under the personal law applicable to the parties and being satisfied of such ground, cannot declare the marriage of the parties as null and void. So much so, the declaration of the marriage as null and void by the Lok Adatat on the basis of the joint statement of the parties, that alone on a reference from a proceeding, that too relating to a petition for transfer cannot be accepted as it is contrary to law and beyond the power and jurisdiction of the Lok Adalat.

IN THE HIGH COURT OF KERALA

Tr. P.C. No. 236 of 2009

Decided On: 18.12.2009

Appellants: Siji Antony
Vs.
Respondent: Saji John

Hon'ble Judges/Coram:
S.S. Satheesachandran, J.

Citation: II(2010)DMC372, 2010(1)KLT387
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