Whether it is mandatory to conduct counselling in family court if one party is unable to remain present in court for counselling?
to be adopted by the Family Courts need to be illustrated
in view of the findings contained in the foregoing
paragraphs. The Family courts should follow the normal
procedure of referring the case for counselling in all
matters of joint applications for dissolution filed either
under Section 13B of the Hindu Marriage Act or under
Section 10A of the Indian Divorce Act. The attempt in the
process of counselling should always be intended to
persuading the parties for a reconciliation or reunion. But
in cases where any one of the parties or both the parties
makes an application to the court to dispense with the
procedure of counselling due to their non-availability in
the country or due to any other valid reasons
incapacitating their personal appearance, then it will be
left open to the Family courts to consider such
applications and to allow the exemption from undergoing
counselling with respect to either one of the parties or to
both the parties, as the case may be. In such situation it
is also not necessary in all the cases to insist upon both
the parties to have counselling 'together'. It is left open to
the Family Courts to take appropriate decisions in each
case, taking note of the genuineness of such applications.
Possibility for conducting the counselling through "video
conferencing" using computer/laptop or mobile phones
having requisite facility also can be explored and
permitted.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY,THE 15TH DAY OF SEPTEMBER 2015/
OP (FC).No. 174 of 2015 (R)
----------------------------
BLESSY VARGHESE EDATTUKARAN,
Vs
SONU, A
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