Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Family court counselling

Experts opinion wanted

Tomorrow is the first counselling date . I wanted to know whether counselling by family courts are free of cost or i have to pay. Secondly , i wanted to know whether counselling conversations are restricted to what both of us wrote in w/s or my wife can raise other issues beyond w/s and will it impact the hearing . I am the respondent in the case filed by my wife seeking decree of nullity u/s 25(i) & 25(iii). I hv denied wilful refusal by me and submitted along with w/s the potency test referred by doctor from govt hospital.



Learning

 8 Replies

Prasad (Systems Engineer)     12 August 2015


Hi SanjaySen,


Family court counsellors charge a nominal fee of Rs.100 or Rs.200.


Do not worry anything about what your wife says.

 

You resrict yourselves only to your and her WS.


Counselling is not a legal process and it will not impact your hearing.


You just need to state your facts, intentions and decisions calmly. That's all.


You should try your best to remain calm, cool and composed.


That means, you should never try to answer or argue with your wife.


You should never ever show anger, frustration or retaliate even if your wife talks non sense and absuses you.


Always talk to the counsellor and give only the facts.


In most cases, it is better to remain calm and let your wife and counsellors talk.

 

If your wife crosses the limit and does a drama of shouting and cry, tell counsellor that you want to talk to them alone.


Do not submit any proof or any potency test results. Save them for court hearing only.


You should tell your position on the marriage.


If you have love and trust on your wife and want to live with her, keep telling the same to Counsellor.


But if you have lost love and trust on your wife and do not want to save this marriage, you just stay calm and do not waste your energy.


Just let your wife get nullity and get lost from your life.


Else, fight the case on merits and win it.


Then file for divorce based on cruelty that your wife filed false cases on you.


If a cunning wife leaves on her own legally, that is the best thing that can happen to a man.

 

All the best.

 

Let your wife see a different you and feel shame about herself if she filed false charges on you.


 

prabhakar advocate (advocate)     13 August 2015

Family court counseling referred by the court and from the court is full of free of charges.  It can continue as many dates as both of you wish to take and it will be, again I say, free of cost.  The next thing is that it is informal.  Whatever you want to say to the other party or mediator, you can say, without any hesitation, because, the proceedings of mediation/counseling will not be part of court record.  If you want to take assistance you can take assistance of your counsel or you can yourself freely go there and talk in your own way, without any legal jagron.  If in the coounseling, any compromise is reached, then only the mediator records such compromise between the parties and send the case back to the court.  In the case of failure of any compromise, the talks happened between the parties, the admissions or denials made by the parties, will not be recorded.  The talks need not be confined to the averments made in the petition or written statement.  If you want to compromise with the issue, you say so to the mediator without hesitation. If you want divorce, that also you can frankly tell to the mediator and it will not revert back and harm you in the court, if the case is contested. 

Prabhakar-Advocate

(M)9958670740

Legal Aid panelist - Central Delhi (Tis Hazari)


 

ANAMIKA VICHARE (LAWYER)     13 August 2015

Family court counselling hasnothing to do wih evidence..thereport of counselor isvery formal. 

No charges are reqd to be paidto counselor, but later if referred to the Mediator, you hv to pay chrages, both o of you

 


(Guest)

Thank you all for your valuable suggestions and information. I just need to know one thing if anyone can please confirm. I had already submitted attested copy of medical report of govt hospital and potency test along with w/s, i wanted to know if there is any possibility that the matter is referred to medical board if my wife challenges the same

Prasad (Systems Engineer)     13 August 2015

 

Sanjay... Forget about proving your potency.

 

There is nothing called impotency.

 

Your wife is ill advised by her lawyer or friends to humiliate your manliness.

 

The question is whether you have some love and trust left on your wife and want to live with her?

 

Then, deny her allegations and tell the Judge about your willingness to cohabit with your wife.

 

Else, let her get nullity on whatever grounds and get lost from your life.

 

It does not matter the reason as long as the marriage is nullified.

 

 

T. Kalaiselvan, Advocate (Advocate)     24 August 2015

The counselling  by family court is free of cost. Though you have filed written statement enclosing he photocopies of the medical report, for marking them as your exhibits,you may have to step into the witness box and if need be, the author of the document or the hospital authorities may be required to depose evidence. 

I walk alone (Asst Manager)     24 August 2015

Thanks Sanjay for raising this topic & thanks to everyone else for there valueable suggestions. My case is similar to sanjay's excepting the part, that I have not been called for counselling yet. i dont know whether I will be called or not. Initially I wanted to live a life with my wife even after her & her family members false and dirty allegations about my potency. My right now, I just wanted to move on in my life.

Special Thanks to Prasad Sir for your step by step suggestions.

SuperHero (Manager)     24 August 2015

The moment she stepped into court and mentioned impotency she lost all the respect. I have seen many cases like this, where the guy got married second time and has been blessed with beautiful kids.

These are just to humilitate and harass you and your family. 

If the marriage is consumated, then you should have challenged her if she is a Virgin or not.

Then a Virignity test would be probed that would be the biggest shame for a Woman.

Its a shame to discuss your private bedroom life before the counsellors. Others can be involved such as misunderstandings, EGO clashes, Lack of communication.


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