Not appearing for counselling in Divorce Case

Simp (Querist) 10 October 2009 This query is : Resolved
My wife filed for Divorce and me for RCR in Family Court, and both cases have been posted for counselling on same date. I was absent for first two counselling dates but counselling again posted for november. What she can do if I countinously absent for more than three counselling sessions? Can she ask the court to get the counselling phase cancelled and proceed to trial? As I already filed for RCR, is it possible for me to tell the court that I'm not interested in counselling and so move to trial phase? Can court take any decision without trial just because i'm not appearing for counselling? Actually now i'm not interested/ready for counselling but want to proceed the case to decide the matter on merit. So, what should I do? please help.

Follow Query

Report Abuse

RAKHI BUDHIRAJA ADVOCATE (Expert) 10 October 2009
Well Explained by Mr. Prabhaker.

Simp (Querist) 10 October 2009
Wife filed for Divorce and husband for RCR. Now, husband not ready for any conciliation talks/counselling sessions with wife but wants to proceed the case in court without any adverse affect on his side due to his stand against counselling.

1) If husband, who filed for RCR, asks for cancellation of counselling, would it have any adverse affect on his side when trial proceedings start?

2) If yes, can husband request for individual counselling sessions only and cancellation of joint session? Husband wants to avoid any conciliation talks in the presence of wife but ready to give any details to counsellors if court requires.

So, what is the best possible options for husband to avoid counselling without any adverse effects in court in future. plz help

Kiran Kumar (Expert) 10 October 2009
dear Simp Counselling is meant to remove differences between the parties and to save the marriage, and there is no concept of individual counselling....Counselling is not a psychological test.

consistent absence of husband from the counselling will certainly have adverse impact on the case of husband.

the stiff approach being followed by husband gives clear indication that husband is not trying to save the marriage rather wife has good case.

Counsellors are not there to act as middlemen between court and the parties...they are mere advisers and their advice is not binding upon any of the parties.

wilful absence of husband clearly shows his malafide.

finally, i must say, try to resolve the matter as amicably as possible.