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Interface Between Family Courts and Counselling Agencies: Prof. M. Lakshmipathi Raju

This document discusses changes in family structures and relationships in India. It notes that factors like education, women's empowerment, and economic opportunities are changing traditional gender roles and patterns of marriage. This has led to an increase in divorce, single-parent families, and questions around expectations within marriages. The document also examines some of the social, psychological, and economic factors that can contribute to marital instability and the dissolution of marriages in India.

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Hidayath Ullah
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0% found this document useful (0 votes)
78 views20 pages

Interface Between Family Courts and Counselling Agencies: Prof. M. Lakshmipathi Raju

This document discusses changes in family structures and relationships in India. It notes that factors like education, women's empowerment, and economic opportunities are changing traditional gender roles and patterns of marriage. This has led to an increase in divorce, single-parent families, and questions around expectations within marriages. The document also examines some of the social, psychological, and economic factors that can contribute to marital instability and the dissolution of marriages in India.

Uploaded by

Hidayath Ullah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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INTERFACE BETWEEN FAMILY COURTS

AND COUNSELLING AGENCIES


*Prof. M. Lakshmipathi Raju

The United Nations has always viewed the Institution of family as


the basic unit of the society and has declared 1994 as the
International year of family in order to ensure its effective support
and empowerment. Today radical changes are affecting the Indian
society in various spheres of social, economic and cultural life. As
a result the pattern of family life has been changing, a great deal in
the recent years. Industrialization, Urbanization, better educational
and earning opportunities have affected the structure of the family.
The educated women are not able to accept the family traditions
and question superstitious beliefs and practices and are no longer
confining themselves to their homes. Higher education, the concept
of self respect, Human Rights perspectives and the desire for
economic and social freedom are some of the important factors
which are affecting the patterns of marriage and family.

The gender based role and authority patterns may not be suitable to
the existing conditions of the Indian society which is Democratic
and egalitarian in nature. Because of the feminist movement
sociologists hold that the stability of family is threatened; the
divorce rate has gone up and the single parent families have
increased due to death, divorce and separation. Due to changing
roles of men and women, there are different nature of problems
and different dimensions of the husband-wife relationships in the
family. The dimensions of dominance and subordination in respect
of wife and husband have also changed i.e; there seems to be a
changed in the existing social structuring and social definition of
the roles of husband and wife. What we need is a redefinition of
the role expectations from husband and wife.
Adjunct Professor , Sociology ,DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY,
Vishakapatnam.
Former Professor of social work and sociology , SRI PADMAVATHI MAHILA UNIVERSITY, Tirupathi and
ACHARYA NAGARJUNA UNIVERSITY, Guntur.
E-mail Id:- mlaksmipatiraju@gmail.com. Mob:9703073349.
Owing to the advancement of Medical Science and Technology,
family law is going to face certain challenges in the future. There
are revolutionary medical advances in reproductive Technology
such as surrogate motherhood, artificial insemination, test tube
babies, organ transplantation and sex change surgery would pose a
serious threat to the socio legal relevance of Institutions of
marriage and family.

Divorce or marital dissolution as it is commonly called, has


become a ‘fact of life’ in the recent years in Indian society. The
upsurge and use of divorce as means to come out of a unhappy and
dissatisfied marriage has been accepted as a part of contemporary
life in India. The stability of the Institutions of marriage and family
depends upon marital happiness. Unhappiness leads to instability.
Marital happiness is highly related to marital stability. Low marital
quality may not always lead to high propensity to divorce,
permanent separation or desertion. Marriages need not necessarily
be stable merely because spouses are happy in their marriage. Even
in stable marriages, there may be feelings of bitterness and an
atmosphere of hatred and despair. Therefore ,factors other than
marital happiness can contribute to the stability or instability of
marriage.

There are no easy solutions, no shortcuts and no magic formulas to


the emotional disturbances that follow the dissolution of marriage.
Divorce occurs after the family is disorganized, when one or both
parties have a strong desire to dissolve their relationship. Religious
belief, pressure from in laws, small children who need care,
inability of the wife to make her own living and fear of loss of
prestige may deter couples from divorce. Whenever the marital
relations are broken through divorce it becomes a tragedy and
severe disillusionment. It is possible to establish the causes of
divorce. Husband and wife report different sources of
dissatisfaction with the same marriage. The official causes for
divorce as listed in court records of all over the country fall under a
few main headings as desertion, neglect, adultery and other causes.
Those who have faults and weaknesses within themselves make it
hard for them to adjust well in marriage. The important point is
that they must know that the fault is within themselves, not in
marriage, perhaps not in the person they have married.

People are not prepared for the realities of marital life. They think
that everything will go on well after marriage. Though they have
no special personality problems, they cannot be realistic in
building good husband wife relationships. When they face
unanticipated problems they become discouraged and do not know
how to handle the situation. People may be well balanced before
marriage and they become disorganized when their marriage is not
going well.

Factors associated with dissolution of marriages are broadly


classified into two categories that is, (1) environmental factors (2)
personality factors.
Environmental factors endogenous to family include
1. Role conflict or authority
2. Poverty and non support
3. Physical assaults
Family structure, illicit relations, wide age disparity, chronic
diseases, childlessness, cruelty, alcoholism may lead to
incompatibility.

Factors exogenous to family include 1.Dowry 2.Wife working


career 3.Poverty. Personality factors include 1.Domineering nature
2.Impotency 3.Barrenness 4.Lethargic nature 5.Irritative Nature
and Mental deficiency. No single factor alone is responsible for
marriage dissolution. Several factors such as social, biological
psychological and economic lead to dissolution of marriage. The
social and biological factors are most effective in breaking
marriage.
The distressed Couples often experience excessive role strain and
role conflict because of lack of rules of behavior or rigid rules. If
the rules are absent, they face questions like what to do? The rigid
rules may cause excessive role strain or role conflict. Marital
relationship requires various skills. Couples need behavior skills
like ability to behave in a pleasing manner; they require
communication skills i.e; ability to express verbally or non
verbally one's feelings and attitudes in acceptable manner; they
should possess problem solving skills, to define, analyze and solve
the problem; they should also have instrumental skills to perform
the activities of household, child rearing, and Finance
Management. Skill deficits may lead to marital conflicts. The
distressed couples may not possess some of the skills. As a result,
the Marital relations will be strained.

CHANGING FUNCTIONS AND


DYNAMICS OF MARRIAGE

The traditional family values are giving way to liberal and


egalitarian family values. Change in social environment, impact of
modern education political system, legal system giving equal rights
to women, curbing caste and gender related discrimination work
system and loosening of religion and caste barriers in social
interactions etc have influenced family composition and dynamics.

There has been a change in the marriage patterns, selection of


marriage partner age at marriage, marriage rituals, financial
exchanges and divorce. Laws related to marriage encourage
monogamy thereby legally banning polygamous marriages. Marital
disharmony often results in family disorganization. More often
than not women are held responsible for this, their voice against
exploitation oppression and abuse are often taken as egocentrism
and in a sarcastic tone and their empowerment. There may be
exceptions when women too have misused their legal rights to
cover up their wrongs. Extramarital relations are not uncommon.
Despite anti dowry laws financial exchanges is a common practice
and newspapers are full of cases of bride burning and suicides.
Modern families focus on companionship that develops out of
mutual affection and intimate Association between husband and
wife.
Consensual Families:- consensual families are composed of
couples living together with consent generally without legal or
social sanction of marriage. They are bound by emotional and
sexual relations but not married legally or socially. Consensual
families do exist in India but they are yet to be accepted by the
society.
Divorce:- divorce is a dissolution of a marriage. It is the
disintegration of a legally recognized state of marriage. Separation
is when a couple formally live apart without going through the
Legal procedure of divorce. Divorce and separation create much
emotional trauma. The couple Harbour emotional resentment
towards each other. The death of a parent or the divorce of parents
may result in inattention, absent mindedness, behaviour problems
of children. Divorce and separation break the family apart and
result in single person families, step families and sometimes
homeless children.

LIVE-IN RELATIONSHIP
Supreme Court held that live in relationship is not an offence. It
was an arrangement whereby two people decide to live together in
an emotionally and/or sexually intimate relationship. The couples
who are not married live together. The legal definition of live in
relationship is " an arrangement of living,, under which, the couple
which is unmarried live together to conduct a long-going
relationship similarly as in marriage. Marriage is a sacred Union.
It is a social institution and one of the important parts of Indian
culture. Our cultural roots focus on morality and social ethics. But
with changing times a certain section of India seems to have
followed the western culture i.e; of live in relationship. Justice
Malimath committee set up by Supreme Court observed that if a
man and woman are living together as husband and wife for a
reasonable long period, the man Shall be deemed to have married
the woman. The Supreme Court in a case observed that it is not
necessary for a woman to strictly establish the marriage to claim
maintenance under section 125 of CRPC. A woman in a live in
relationship may also claim maintenance under section 125 CRPC.

The Supreme Court ruled that if a man and a woman are involved
in a live in relationship for a long period, they will be treated as
married couple and their child would be legitimate. The supreme
court held that a child born out of a live-in relationship is not
entitled to claim inheritance in Hindu ancestral co-parcenary
property (in the case of an undivided joint Hindu family) and can
only claim a share in the parents self acquired property. Live in
relationship is but degrading the values of marriage; marriage leads
to bonding between a man and woman and this ensures security for
children. The protagonist of live in relationships should realize that
parting of ways, for one reason or other, will leave behind deep
scars for being used and rejected. Progenies of such relationship
will also suffer from emotional disturbances, pent-up feelings and
unhealthy personality development.

Live in relationship is a contract of Living Together which is


renewed every day by the parties and it can be terminated by either
party without the consent of the other. They cannot complain of
infidelity or a immorality. It can be treated as personal enjoyment.

According to Hindu Marriage Act, 1955 bigamy is prohibited


among Hindus. Hence enabling the mistress to get the status of a
legally married wife in all matters, including share in the property,
inheritance and maintenance is contrary to the act as well as Hindu
customs. Responsible parents will leave a valuable Legacy and not
vicarious liabilities to the progeny. We cannot do away our time-
tested merits of our custom to the winds. The live in relationships
are the choice of two individuals who wish to make their own
family without the consent of their own parents. The absence of
parent involvement leads to weaken the relationship between the
spouses. Formerly religion and custom used to hold the spouces
together. They regulated the marital Bond. Hence live in
relationship has negative effect in the society.

The Honorable Supreme Court of India in a recent judgement


concerning South Indian actress Kushboo affirmed that a live in
relationship will be acknowledged as a legalized marriage. The
children born to such parents would be called legitimate. The
children will have rights in their parents property. One can imagine
that in the future the generations will prefer live in relationship to
escape from social responsibility of marriage and social bondage.

There is increase in the trend of rape allegations in case of failure


of live in relationships. The Delhi High Court in Alok Sharma vs
State observed that live in relationships are walk in and walk out
relationships. In case of failure of these relationships rape
allegations are made by women against men. There is no need to
scrap the gender biased law and adopt strict gender neutral laws.

FAMILY AND THE RIGHTS OF


INDIVIDUAL
In pre-Industrial society the family served as the basic social,
economic, and political, unit. It had a legal status for purposes of
inheritance and for defining mutual responsibilities of partners in a
marriage; and the responsibilities of parents towards their
offsprings and of children towards their parents. The traditional
family of the feudal and agrarian societies was not based on
recognition of Human Rights or of the principles of equality and
individual choice which now form an important part of these
rights.

Sociologists note that stability of the family is threatened when the


divorce rates have increased. There is substantial increase in single
parent households. Weather because of death, divorce, or
separatism or because one of the parents has resigned from his or
her responsibilities and walked out of the home either to live
separately or to establish and another common law union.

The problem of divorce desertion and instability of the family are


recognized as problems of the immediate future in most
modernizing societies. But the societies have not yet found any
alternative satisfactory institutional mechanism; which would
provide stable form of sexual gratification, primary relationships to
nurse their bruised egos, provide the offspring for early
socialization, meet their needs for food and shelter and social
security during the periods of ill health and disability. What is
required is that the husband and wife will need to relearn their
roles; they must have in their mind sets different models which
impel them to act in particular ways. Those who would work for
equal rights of women would need to work at least on two of the
three fronts the law of the family and the establishment of newer
role models for husbands and wives. The third variable will remain
indeterminate.

Role conflict:- Problems arise when the man hardly accept any
modification of the traditional role and does not participate in the
performance of tasks associated with the home. The situation
cannot be rectified by any legal interventions. What is required is a
restatement of role expectations from husband and wife. Different
possibilities would have to be provided for, viz, that both will
continue in their traditional roles, that both will have to the
responsibilities of both the roles and third, that the two will decide
on a total reversal of their roles in so far as biological differences
will allow. What is involved is the acceptance of a plurality of
patterns of role performance which couples will evolve for
themselves. In each of these a pattern of domination and
subordination will again depend upon the psychological makeup of
the two individuals.

We cannot interpret every conflict in marital relationships as a


problem of Human Rights. It is fruitful to create a network of
supportive services that will make it easier for the husband and
wife to meet their obligations towards each other and toward their
children.

An emphasis on rights weather of the male or female is self


defeating. When the issue of rights begins to be agitated in a
family, it has already ceased to be a primary group based on
feelings of love and affection.

Social activism has important part to play in mobilizing public


opinion on social problems and in influencing social policy and
social legislation. The social worker in the role of family
Counselor has to focus on what solutions are possible in particular
problem situations after taking into account the coping abilities and
the constructive skills of the spouses to resolve their marital
conflict. The Counselor has to take in the issue of social rights only
when the life partners have the strength to build the relationships
on their own.
ROLE EXPECTATIONS
The role of male as bread winner and of the woman as the
housekeeper is accepted by the family Counselor, while rendering
counselling of the couple. These are the socially defined role
expectations. But in some cases husbands may not be successful in
earning their livelihood and also make decisions sometimes wives
may be more successful in the role of breadwinners and in making
decisions. The gender based role and authority patterns may not be
suitable to the existing conditions of Indian society which is
Democratic and equalitarian in nature. Due to the changing roles of
men and women there are different nature of problems and
different dimensions of the husband wife relationships in the
family. The dimensions of dominance and subordination in respect
of wife and husband have also changed i.e; there seems to be a
change in the existing social structuring and the social definition of
the roles of husband and wife. The law makers, social scientists
and women activists will have to work for re-drafting family law to
establish newer roles models for husbands and wives several
alternative role models may be allowed to prevail in the society.

Marital conflict:
Marital life may represent the feelings of tenderness, sympathy,
understanding and affection. But all is not well with marital life.
Sometimes it may reflect, strife, resentment, discord and
disharmony. In India in recent years, the marital relationships are
undergoing stress and strain for the following reasons. The role
models of husband and wife have changed. Marriage has become a
matter of mutual agreement between the parties instead of the
sacred Union. Today the wife image of the husband is no longer a
sole provider, protector or philosopher. Thus the role conflict of
husband and wife is reflected in the conjugal disharmony bitterness
and unhappiness which may sometimes lead to violence and
divorce, under such stressful situations marital counselling plays an
important role in exploring the conscious and unconscious reasons
for the misunderstanding between the spouses. The spouses may
develop false pride due to insecurity, irrational stubbornness and
negativism and early childhood experiences.

Before the marriage there may be several expectations from both


the sides of the husband and the wife. But these expectations may
not be fulfilled after the marriage. The discrepancies may create a
sense of frustration in either party to the marriage; as a result the
harmony between the spouses may be disturbed leading to
disappointment, pessimism, irritability, bitterness or hostility. In
India there is very little scope of premarital counseling. The boy
and the girl before marriage may have different Expectations and
different temperaments. Before marriage the boy and the girl
cannot understand each other's Expectations and temperaments,
since they do not have any opportunity to meet and exchange their
views as in the case of Western system of dating and engagement.
Hence pre-marital counselling becomes important for preparing the
boys and girls for healthy marital life.

Wife battering is another major problem in our country. There are


good number of cases of wife battering in Indian society. The
husbands who are violent may have been exposed to such violence
in early childhood. Alcoholics and drug addicts have also tendency
for wife battering. In such situations the first stage to be taken by
the Counsel for treatment is of alcoholism and drug abuse before
taking up other steps in counseling. In India dowry problem is a
major cause of marital disputes and marital conflict. There are
good number of instances of dowry harassment and dowry deaths
taking place in the Indian society. The Counselor plays an
important role in dealing with such cases more effectively using
the skills of counselling. The Counselor has to work with both the
families of the spouses for bringing reconciliation between the
families and the spouses. Though dowry is prohibited legally, it is
widely in practice particularly in middle class families. Unless the
attitudes of the families of the spouses are changed, the evil of the
dowry practice cannot be eliminated. The Counselor has to take all
the precautions and deal with such cases tactfully using the skills
and techniques of counselling.

In some cases the wives may be highly educated and competent


and may make the husband feel small and inferior. The husband
may develop inferiority Complex and try to retaliate to cover on
his feelings of inferiority by showing his masculine superiority and
dominance. The situation becomes very common in the context of
women taking up higher education and employment in higher
cadres while the husband either remains unemployed or employed
in lower cadre of official positions. The wives suffering the ill
treatment and humiliation under such husbands may be helped by
counseling.
COUNSELING - TYPES AND
TECHNIQUES
Counselling is a service offered to the individual who is facing a
problem and he needs help to overcome it. The problem keeps him
disturbed and unless solved his development is hampered.
Counselling is a specialized service requiring training in
personality development. Counselling involve two individuals one
seeking help and the other a professionally trained person who
helps resolve problems. Counselling techniques involves active
listening, empathic understanding releasing the pentup feelings
confronting the client and so on. Counselling is a process of
assistance extended by an expert in an individual situation to a
needy person. According to Carl Rogers who is called the father of
counselling, counselling is a series of direct contact with the
individual which aims to offer assistance in changing his attitudes
and behaviour.

Carl Rogers devised the phrase "person centered or client


Centered" counselling as his approach to therapy with the clients.
It is also known as "non directive "approach. Talking and
communicating is Central to the counselling process. Carl Rogers
says that "the client has all the skills necessary to tackle the
issues". This factor helps to distinguish counselling from the other
forms of therapy which need an expert to provide a cure or
treatment.

Counselling helps people to clarify and identify their problems and


find their own solutions. It is to empower the client to take his own
decisions. Counselling involves talking with the person in a way
that helps that person solve a problem. It helps to create conditions
that will cause the person to understand and/or improve his
behaviour, character, values or life circumstances. The Counselor
is unbiased and he offers support and strength during emotional
times and crisis situations. In the counselling process, the clients
come to know themselves, to understand why they engage in the
same destructive behavior and repeat the same patterns. It is a
journey of self-discovery.

Premarital counseling:-
Half of all marriages end in divorce in European countries and
USA. Performing marriages without premarital counseling is like
starting a business without preparation. It is important to
strengthen the relationship between the couples. It prepares the
couples to meet future challenges and conflicts at the same point in
their marital life. Now couples face more demands and have less
support. Skill based pre marriage counseling can reduce the risk of
divorce. It can reduce the stress of Pre wedding period also.

Marital counseling:-
Marital counseling is a comprehensive helping process. There are
three pre-requisites of the marital counseling, such as (a) couple’s
recognition of marital problem, (b) purpose of counselling, (c)
contract.
In the beginning of their contact, the couples may not recognize
that they have problems. Some spouses may present every marital
situation as problematic. The counselor must clarify the issues and
purpose for marital counseling. The counselor must define the
purpose of counselling i.e. whether to save marriage or to repair
marriage. The contract between the counsellor and the client must
be mutually agreeable and flexible in nature.
Separate individual sessions with each partner may be helpful.
Later, the couple may be encouraged to participate in conjoint
sessions – one person – joint sessions in which two counselors
interview the same spouse will be useful. We can adopt multiple
couple group or multiple wives group or multiple husband group
interactions to enable the clients to participate in mutual helping
process.
The counsellor must collect all possible information about the
client’s distressed relationship. The information about the marital
problems needs proper analysis and interpretations. The couple and
the counselor should set goals for a specific change in the behavior
of marital problems. Accordingly, the goals set will enable the
worker to formulate the plan of action. According to the goals set,
the client and workers must select appropriate actions or tasks for
the performance by the marital partners.
The tasks can be classified as (1)Behavioral tasks,
(2)Communication tasks, (3)Problem-solving tasks. Behavioral
task refers to increase positive behavioral exchange e.g. avoidance
of physical assault or verbal abuse. Communication tasks are
meant to express one’s own feelings, attitudes towards others. The
training involves (1) feedback i.e. worker offering information
about maladaptive communicative patterns, (2) worker providing
alternative and desirable communicative patterns, (3) Behavioral
rehearsals i.e. couple practicing new patterns of communications.
Problem – solving tasks are used to alter unskilled problem-solving
procedures e.g. threats, demands, criticisms adopted by couple to
bring changes in other’s behavior. Evaluation is an on-going
process.
For effective counseling, the counsellor must adopt a professional
approach to improve their marital relationship. The counselor must
be talented, dedicated, unbiased, so as to make marital counseling a
reality.

ROLE OF FAMILY COURTS


Family courts were established with a view to provide forum for
speedy settlement of family related disputes. Emphasis was laid on
a non adversarial method of resolving family disputes and
promoting conciliation. In family courts Emphasis should be laid
on conciliation and achieving socially desirable results and
adherence to rigid rules of procedure and evidence should be
eliminated. The whole idea behind the act is to ensure speedy and
inexpensive relief with least formality and technicalities.

In India the first Family Court was established in the state of


Rajasthan on 19th November 1985. In Andhra Pradesh, the family
court started its functions on 15th February 1995. There are 212
family courts across the country as on 1st February 2013.

The family courts are specialized as civil courts which deal


exclusively with dissolution of marriage, declaration of the
matrimonial status of any person, declaration of properties of the
concerned parties; interim order of injunction arising out of marital
relationship, declaration of legitimacy of any person or
guardianship of a person or the custody or access of any minor and
suits for maintenance.
The Act was expected to facilitate satisfactory resolution of
disputes in a just Manner ensuring maximum Welfare of society
and dignity of women. Gender Biased laws and oppressive social
practices over centuries have denied justice and basic human rights
to Indian women.

The object of the act is to protect and preserve the Institution of


marriage and to promote the settlement of disputes by conciliation
and counseling.

The state government provides rules for the association of social


welfare Agencies etc, with the family court.(i) institutions or
organizations engaged in social welfare [section 5A] (ii) persons
professionally engaged in promoting the Welfare of the family
[section 5B] (iii)persons working in the field of social welfare
[Section 5C]. The state government: 1.Determine the number of
counselors, officers required to assist a family court to discharge its
functions [section 6(1)]

Synergy and networking of family courts and


counselling agencies

The role of counsellors in family courts

Counsellors play an important role in family courts. 50% of cases


can be solved by using counselling methods and techniques. The
judges also can participate in the 2nd stage. In the first stage the
cases are referred to the counselors for counseling. In many cases
where at the initial stage the counselling has failed, pro-active role
of the judge has helped in resolving the dispute (NCB workshop,
2002)
The whole structure of family courts is built on the two pillars that
is counseling and conciliation. The role of councillors is not
confined to counseling alone; it extends to reconciliation and
mutual settlement whenever and wherever deemed feasible; most
of the cases filed before the family court can be resolved by way of
proper counseling (Namita Singh Jamwel 2009). If necessary the
counsellor may visit the home of either of the parties and interview
the relative, friends and acquaintances of either of the parties. The
Counselor may involve any organization, institution or agency for
discharging his or her duties. The Counselor shall submit the report
to the court as and when required in deciding the case. The
Counselor in his report includes all points living environment for
the parties concerned, personalities relationship, income and
standard of living educational status of the parties, status in the
society and the counselor’s finding; The marriage Counselor may
use the powers against the woman in the interest of the family
since their primary commitment is to preserve the Institution of
marriage. The report of the marriage Counselor is kept
confidential.

A duty has been imposed on the family courts to see that the parties
are assisted and persuaded to come to settlement and for this
purpose they have been authorized to follow the procedure
specified by the high court by means of rules to be made by it
(section 9(1)). The family courts should work in a spirit of
dedication to settle the matter by negotiation and all possible
methods of persuation so that the marriage may be preserved”. The
family court has the power to secure the services of a medical
expert including a person professionally engaged in promoting the
Welfare of the family for the purpose of assisting the family court
in discharging the functions imposed by the Act (Section 12).

Amicus Curiae (a friend of the court)


The court can seek help or assistance of a legal expert as amicus
curiae a friend of the court. The court shall allow legal petitioner
on either side to appear only as amicus curiae if it finds necessary
in the interest of justice The court shall maintain a panel of Legal
Experts amicus curiae. It is left to the discretion of the family court
to allow any counsel on the behalf of the client and give necessary
legal assistance. The time spent cannot be regained or recalled and
youth cannot be restored. So the court should also keep in mind the
settlement to the parties by negotiations. The state government
makes rules about the terms and conditions of association of
counselors and terms and conditions of service of the offices and
other staff of the family court [Section 23(2(B)) of Family Courts
Act 1984].

Still in some States permanent counselling centres are not


established and have failed to fulfill the provisions under section 6
of the Family Courts Act 1984. In some family courts the
counselors were appointed at free of cost and hence they are not
effectively rendering conciliation and counselling to the parties.

50% of the cases can be solved by way of proper counseling and


there is a provision to appoint counsellors for conciliation to the
family courts. But the state governments and the High Court failed
to appoint the permanent family counsellors to its Family courts till
now. Temporary counselors can not function properly as they have
to earn money for their livelihood

The judges appointed in Family courts need to have special


experience in dealing with family matters and applications of
conciliation and counseling techniques. The state governments and
High courts may give preference for appointing women Family
Court Judges. Moreover, disposal of divorce cases involves time
taking procedure. If conciliation and counselling methods are
implemented in the Family Courts the, matrimonial cases will be
disposed speedily and there will be effective justice delivery
system.
References:
1) Clark e. Vincent. New York: Thomas Y. Crowell Company,
1957.
2) Narayana Rao.S, Counselling and Guidance, Tata McGraw-
Hill Publishing Company Limited, New Delhi, 2002.
3) Combs,A.W: Counselling as a learning process. Journal of
counseling psychology, 1954.
4) Goldstein,K: The Organism, New York, American Book
Company, 1939.
5) Wolpe, J. : Psychotherapy by Receiprocal
Inhibition.Stanford, Stanford University Press, 1958.
6) Wolpe, J, : A.Salter and L.J. Revna (Eds): The Counselling
Therapies, New York, Holt Rinchart and Winston, 1964.
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