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Psycho victim (Executive)     23 February 2014

Special counselor's report

Can I apply the CA to get the copy of special counselor's report given to the family court judge? My cases running in Chennai family court. When I applied CA to get the same it was denied by the office that it is the internal correspondence to the Judge and can't be shared. Can I file a memo to the Judge seeking the same. Is there any rules or guidelines to refer to support my claim? Pls guide. Thanks.



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 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 February 2014

The councellor's report is for the court only. Even if the councelling has failed, the said report has no evidenciary value and is not an evidence against any person. There is no need for you to get the report.

Psycho victim (Executive)     23 February 2014

But the special counselor had diagnosed that one of the spouse (say the wife) is affected by the syndrome called 'delusional disorder' and due to non cooperation of that particular spouse had referred back to the court. The special counselor confirmed that she will mention her findings and the affected party's non cooperation in her report.

In the above case, is it not having any evidenciary value? Can it not be used as atleast an prima facie evidence? Pls guide.

Shantanu Wavhal (Worker)     24 February 2014

no findings are recorded by the counselor. forget this issue

Psycho victim (Executive)     24 February 2014

Hi, The counseling was not a normal one which usually done by a social worker, it was the special counseling done by a qualified psychologist in the court premises. I saw the report which is in the case bundle and it is mentioned clearly about the disorder and the non-cooperation of the diseased spouse.

I also saw a reference that 'as per the section 27 of the family court rules, the couselor's report can be shared to the litigants' mentioned in the ‘Child access & custody guidelines’ framed by the NGO ‘Child rights foundation’ and the same is approved by Hon’ble Mumbai High court. But couldn't get the rule 27 in the family court rules. The act contains up to section 23 only. Some experts pls help me to find that pls. Thanks.


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