Consequence of not attending all the sessions of divorce counselling ,Is counseling mandatory before

Question

Consequence of not attending all the sessions of divorce counselling ,Is counseling mandatory before

04-Jul-2024 (In Divorce Law)

The court has ordered to attend counselling for the Divorce case filled by my relation. He has attended 2 counselling sessions and conveyed his decision. The counselor has asked him to attend 3rd session by next week. Is it mandatory for him to attend the 3rd session without fail? Is it fine if his lawyer go the counseling Desk and convey the message? Kindly let us know your answers. is counselling mandatory for divorce ?

Answers (5)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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LawRato LawRato · Accepted Answer · 2024-07-04T13:49:58+05:30

In India, counseling or mediation is not always mandatory in divorce cases, but it is strongly encouraged especially in mutual consent divorces and cases involving children. Courts often direct couples to attend at least one or two counseling sessions, primarily to see if reconciliation is possible or to help settle issues like child custody, alimony, and property division amicably. In some cases, especially under the Family Courts Act, courts may mandate counseling before proceeding further.

The number of sessions isn't fixed it depends on how the case evolves and whether more sessions could help resolve conflicts. Typically, mediation lasts about two months, and additional counseling may be ordered at the judge's discretion. Even when not legally required, divorce counseling can be emotionally and practically beneficial, offering a neutral space to process tough emotions, communicate better, and plan for life ahead.

Advocate Jayaprakash V LawRato · Accepted Answer · 2024-07-04T13:49:58+05:30

Answer #2

There is no any mandatory to attend the counseling. But instead of proceeding further in the regular court for a long time, the counseling be conducted. If you already conveyed your decision to counselor, then he record and forward it to the regular court for proper order. In case the counselor asked the party to come for third time you may go or express you inability to go through your counsel. Further more, if you not satisfied with the proceedings in counseling, you may request the counselor to back the papers to regular court where you filed the original case.

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Adv. Jayaprakash V Adv. Jayaprakash V

Hosur | 25+ Answers

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Advocate Vasavi Sridevi Sivanandam LawRato · Accepted Answer · 2024-07-04T13:49:58+05:30

Answer #3

Once you engage any advocate , follow his instructions. He or she is the person who knows your case particulars and in a better position to give you advice. Asking in a public forum without any details and cross checking your advocate is not right thing to do. Meanwhile, it is the practice of 3 counselling is mandatory and judge may again ask him to attend counselling on the next hearing.

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Adv. Vasavi Sridevi Sivanandam Adv. Vasavi Sridevi Sivanandam

Chennai | 25+ Answers

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Advocate Selvaperumal LawRato · Accepted Answer · 2024-07-04T13:49:58+05:30

Answer #4

Counseling provided by the court to sort out their issues through proper advice. If the parties not Willing to reunion in the marriage life they can inform the same to the mediators to refer the case to the court for further proceeding. Once the counseling failed by refusal of parties or by the non appearance of parties they the counselor shall refer the case to the court by referring that the counseling was failed. In Your case, if he is not present in the further hearing, the counselor may fixed another date for further counseling or refer case to the court mentioning that the counseling has failed. After that the court will order other party to file counter in the said case.

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Adv. Selvaperumal Adv. Selvaperumal

Chennai | 100+ Answers

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LawRato LawRato · Accepted Answer · 2024-07-04T13:49:58+05:30

Answer #5

It is not mandatory for your relative to attend the 3rd session. His Lawyer can go to the Counsellor 's Desk and tell them that your relative will not be able to attend. They will give one more date. If you Relative does not want to attend the counselling then his Lawyer can tell the Counsellors to post the case before the Court. Thereafter the case will be posted before the Court for hearing. For further detailed advice kindly contact me.

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