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