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Can a Bengaluru Family Court Direct Parties to Undergo Counselling?

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(@Kritika Chordiya)
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[#2175]
The Family Court in Bengaluru has suggested counselling before proceeding further with the divorce trial. Can the court make counselling mandatory and what happens if one party refuses to attend?

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(@advocate-mudit-pratap)
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Joined: 3 months ago

Yes, a Bengaluru family court can and frequently does direct parties in a divorce proceeding to undergo counselling, since Section 23(2) of the Hindu Marriage Act explicitly mandates that courts make a genuine effort toward reconciliation between the parties before proceeding to grant a divorce, except in cases where reconciliation is clearly not possible, such as when the ground pleaded is cruelty or the marriage has already broken down irretrievably beyond repair.

Family courts in Bengaluru typically refer parties to mediation centres or trained marriage counsellors attached to the court, and this counselling process is designed to explore whether the marital discord can be resolved amicably before litigation proceeds further. This is not merely a formality — courts take this reconciliation mandate seriously, and failure to attempt counselling in appropriate cases has, in some instances, been cited as a procedural lapse warranting remand of the case for compliance with this statutory requirement.

Counselling sessions ordered by the Bengaluru family court are typically confidential, and what is discussed during these sessions cannot generally be used as evidence in the subsequent litigation if reconciliation efforts fail, which encourages parties to engage openly rather than treating the process as a tactical exercise. If counselling succeeds, parties may withdraw the divorce petition or convert it into a settlement, while if it fails, the court proceeds with the matter based on its own merits.

It is important to understand that court-directed counselling is mandatory in most contested divorce cases, but courts do have discretion to dispense with this requirement where circumstances such as documented domestic violence or serious safety concerns make reconciliation attempts inappropriate or even dangerous for one of the parties. If you have concerns about being compelled into counselling with an abusive spouse, this should be raised explicitly with the court through your counsel.

Given the strategic considerations around counselling — including how your participation or non-participation might be viewed by the court — it is advisable to seek guidance from the team at Aapka Legal Advice on how to approach mandated counselling sessions while protecting your legal interests in the ongoing Bengaluru divorce proceeding.

For particularly sensitive cases, a second opinion from a retired judge on whether to seek exemption from counselling, or how to navigate it strategically, can be valuable, and Bengaluru's experienced family law advocates and retired judges, available through Best Bangalore Lawyers & Retired Judges | Aapka Legal Advice, can provide this guidance. In conclusion, court-directed counselling is a standard and legally mandated feature of most divorce proceedings in Bengaluru, aimed at genuine reconciliation before dissolution is finalised.


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