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Is counselling manadatory now?

Is counselling mandatory in divorce/annulment cases? In my case Judge cancelled counselling after 1.5 yrs and ordered for reply filing on next date because both together were not present on any of the counselling dates. Here I have been told that counselling is mandatory now a days. So, how is it possible to cancel counselling if its mandatory?


 6 Replies

Uma parameswaran (lawyer)     04 July 2010

File a petition for counselling.It is an integral part of family court cases.The continuance absent by both parties is may be purposefully to get rid of from the counselling section .

Legal Fighter (Advocate)     04 July 2010

What do you expect the Court to do when you both are not getting present for the counselling? The case has to move on if both the parties are not willing for counselling.

mahendrakumar (marketing)     04 July 2010

why are you scared of counselling?

It is a last chance to see the other side from an unbiased angle and make possible adjustments,if found convincing.

legaljoe68 (member)     04 July 2010

hi this is legaljoe .my wife has filed a divouce under section 13 . the court asked both of us for counselling centre run by ngo. please tell me what is the legal value of such counselling.

are this counsellors of ngo oreliable if i belong to other state.

what i f I do not want to attend counselling .

please advise.

Arup (UNEMPLOYED)     04 July 2010

councelling compulsary for family court.

that does not mean that you have to obey/ follow the counsellor, you have to full right to ignore it.

it is a try by the court to settle the matter and return them back to matrimonial home.


1. Family Courts, act radically different than regular matrimonial courts and for them councelling is the main mantra like one fit for all suit lengths on a couples issues brought before them. Hence family courts are criticized the most. However, what I feel is that they believe in more on "solutions" brought by a couple themselves to them and they give just a stamp of approval beyond that they don't do much as the provisions say they can make their own Rules which is the main bone of contentions on functioning of family courts across States of India.

2. Counceling as many of you asked in this post is rightly answerd by ld. friends here to be more or less leading to settlement of issues amicabally in a neutral environment, but my understanding of word "neutral" to that of yours will radically be poles apart ? So keep open ears and boldly face the counceling and there is no harm in attending one atleast you get to sit while presenting your point of view in comparision to standing inside Family Courts waiting for your turn to come and if you blink there you get next date :-)

3. Family court have part time professionals appointed for counceling and many a times settlement of issues in less intimidating ambience takes place compared to mediation process as in regular matrimonial courts. So as a answer it is nice to attend counceling sessions if Family Court offers such option to a couple atleast you will know what is in a spouse mind for the good of it or for the better of it in days to come and no it is not mandatory.


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